to Hutt v. Maryland Casualty Co., et al., Cascade
County Cause No. DDV-18-0175
M. Sullivan, Allan M. McGarvey, Jon L. Heberling, John F.
Lacey, Ethan Aubrey Welder, Dustin Alan Richard Leftridge
Jeffrey R. Kuchel, Danielle A.R. Coffman, Gerry P. Fagan, G.
Patrick HagEstad, Jennifer Marie Studebaker, Joshua Alexander
Leggett, Vernon M. McFarland, Jean Elizabeth Faure, Jason
Trinity Holden, Chad E. Adams, Katie Rose Ranta, Stephen
Dolan Bell, Kelly Gallinger, Charles J. Seifert, Robert J.
Phillips, Emma Laughlin Mediak, Daniel Jordan Auerbach, Leo
Sean Ward, Robert B. Pfennigs, Mark Trevor Wilson, Robert M.
Murdo, Murry Warhank, Ben A. Snipes, Mark M. Kovacich, Ross
Thomas Johnson, Randy J. Cox, Zachary Aaron Franz, M. Covey
Morris, Robert J. Sullivan, Dale R. Cockrell, Vaughn A.
Crawford, Tracy H. Fowler, Martin S. King, Maxon R. Davis,
Tom L. Lewis, Keith Edward Ekstrom, William Rossbach, Kennedy
C. Ramos, Edward J. Longosz, Chad M. Knight, Anthony Michael
Nicastro, Nadia Hafeez Patrick, Kevin A. Twidwell, Jinnifer
Jeresek Mariman, Stephanie A. Hollar, James E. Roberts, Jacy
Suenram, Michael Crill (Other), Michael D. Plachy, Conor A.
Flanigan, Fredric A. Bremseth, Walter G. Watkins, Jason Eric
Pepe, Peter A. Moir, Mark A. Johnston, Erik H Nelson, Michael
E. Wise (Attorney)
ORDER RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
RE: DEFENDANT'S NON-PARTY AFFIRMATIVE DEFENSES
Eddy, Asbestos Claims Court Judge.
before the Court is Plaintiff's Motion for Summary
Judgment Re: Defendant's Non-Party Affirmative
Defenses, filed October 19, 2018. Maryland Casualty
Company filed its Response in Opposition on October
30, 2018, to which Hutt filed a Reply on November 9,
2018. Oral argument was not requested by the parties and was
not deemed necessary by the Court. Having reviewed the file
and being fully apprised, the Court hereby finds as follows:
Motion for Summary Judgment Re: Defendant's Non-Party
Affirmative Defenses is GRANTED consistent with the
Ralph Hutt was one of 884 plaintiffs included in Adams,
et al. v. Maryland Casualty Company, et al., Cascade
County Cause No. DDV-16-0786, filed September 23, 2016. On
March 20, 2018, this Court selected Hutt as a lead case for
trial against Maryland Casualty Company (MCC), and directed
him to file a separate complaint, which was done on March 23,
2018, and is filed as Hutt v. Maryland Casualty Company,
et al., Cascade County Cause No. DDV-18-0175. Hutt
brought claims against MCC for (1) Negligence in Provision of
Industrial Hygiene Services; and (2) Bad Faith Treatment of
Workers with Rights to Occupational Disease Benefits (Breach
of Fiduciary Duty, Deceit, Bad Faith Negligent
Misrepresentation and Constructive Fraud,
raised the following affirmative defenses in its
Answer, filed June 4, 2018:
Defense: "whatever damages were incurred by Plaintiff
were the result of intervening and/or superseding acts or
omissions of parties over whom this defendant had no
control." Answer, p. 13.
Defense: "This Defendant reserves the right to designate
responsible non-parties at fault." Answer, p.