Montana Petroleum Tank Release Compensation Board v. Crumleys

1 The Montana Petroleum Tank Release Compensation Board ("the Board") brought suit in the First Judicial District Court against Federated Service Insurance Company ("Federated"), seeking to recover the costs of cleaning up a leak from an underground diesel tank owned and operated by Visocan Petroleum Company ("Visocan"), Federateds insured. The District Court granted partial summary judgment to the Board, and found that the Board, as Visocans subrogee, had the authority to assert Visocans rights and claims against Federated. The District Court held that the leak was partially covered under a portion of the insurance policy, and that Federated had breached its duty to indemnify Visocan. The District Court also held that the Board could recover any other damages that arose from Federateds breach. A jury awarded the Board $25,317.50 in administrative costs as consequential damages. Federated appeals from both the District Courts grant of partial summary judgment, and the jurys award of consequential damages. We affirm.