173404P.pdf   02/08/2019  Houston Casualty Company  v.  Strata Corporation
   U.S. Court of Appeals Case No:  17-3404
                          and No:  17-3405
   U.S. District Court for the District of North Dakota - Fargo   
   [PUBLISHED] [Gruender, Author, with Smith, Chief Judge, and Loken, Circuit 
   Judge] 
   Civil case - Insurance. Strata's employee was killed in a mine accident 
   and his estate brought suit under Montana law, alleging that the Strata's 
   intentional failure to maintain a safe workplacae triggered an exception 
   to the Montana Workers Compensation Act which provided the exclusive 
   remedy for work injuries; Strata settled the suit and sought contribution 
   from Houston under an excess liability policy; the district court did not 
   err in determining the excess insurance policy did not cover the estate's 
   claim as the policy was subject to the exclusions contained in the 
   underlying coverage by the primary insurer which plainly state that 
   coverage is subject to the Montana Intentional Acts Exclusion Endorsement; 
   because the excess policy did not provide coverage, Houston did not breach 
   its duty of good faith by denying coverage and refusing payment.