Association of Unit Owners of the Deer Lodge Condominium v. Big Sky of Montana, Inc., 798 P.2d 1018 (1990)

Citation: Association of Unit Owners of the Deer Lodge Condominium v. Big Sky of Montana, Inc., 798 P.2d 1018 (1990)
Parent Document: Association of Unit Owners of the Deer Lodge Condominium v. Big Sky of Montana, Inc., 798 P.2d 1018 (1990)
Jurisdiction: Montana (state)
Effective Date: 1990-09-24
Original Source: https://www.courtlistener.com/opinion/880687/association-of-unit-owners-of-th... ↗

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Since the District Court chose to take
              judicial notice in the Structure case, part of
              the record in this case is the settlement
              payment made by the Defendants in the
          Structure case to the Plaintiffs therein.
          That settlement was for the approximate sum of
          3.5 million dollars.    Clearly, if that case
          was settled by payment of any funds by B.S.M.,
          [Realty], Boyne, or any of the stockholders of
          those companies, then it raises a factual
          issue with respect to the application of
          indemnity agreements in these cases. Since a
          payment was made in the Structure case large
          enough to settle the same, there is a genuine
          issue of material fact as to the obligation
          which certain of the Respondents therein may
          have to the [unit owners] with respect to
          indemnification.
     Taking the unit owners' claim for indemnification at face
value, in the apparent agreement Realty is the indemnitor, and Big
Sky of Montana and Boyne are the indemnitees.    Boyne contributed
to the settlement in the Structure case; Realty did not.   We have
no record here that an indemnitor made any payment on behalf of an
indemnitee. There is no record of a payment by an indemnitor which
would trigger any obligation to third parties.
     It is unnecessary to discuss the three theories of indemnity
posed by the unit owners.     The District Court was correct in
finding no basis for indemnity when it awarded summary judgment in
favor of Realty.
SUMMARY JUDGMENTS IN FAVOR OF GENERAL ELECTRIC AND MONTANA POWER
COMPANY
     On March 1, 1989, the District Court adopted the undisputed
findings and conclusions of law made in the Realty case on January
17, 1989, and, on the conclusion that their corporate veils could

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