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Amy Eddy

ASBESTOS CLAIMS COURT JUDGE

Flathead County Justice Center

920 South Main

Kalispell, MT 59901

(406) 758-5667

IN THE ASBESTOS CLAIMS COURT OF THE STATE OF MONTANA

IN RE ASBESTOS LITIGATION,

Consolidated Cases

Cause No. AC 17-0694

ORDER APPROVING SETTLEMENT

(Robinson Insulation Receivership)

Receiver Nancy Gibson, Matthew Bergman, counsel for Jeremiah and Karen Hartle, and 

Allan McGarvey on behalf of certain Libby Plaintiffs have jointly moved the Court to authorize 

the Receiver’s settlement of the Hartles’ claims against Robinson Insulation Company 

(“Robinson”) in Cause No. DV-15-2018-532B, on terms that allow the settlement proceeds to be 

held by the Receiver, with distribution to be made upon further motion of the Hartles. A copy of 

the settlement agreement (“Confidential Release and Settlement Agreement”), submitted under 

seal, has been reviewed by this Court.

The court finds and concludes as follows:

(1) This Court’s March 23, 2018, Order (herein “Order”) creating the receivership 

granted authority for the receiver to make demands that the insurers settle claims 

against Robinson (Order ¶1(c)). The Order, at Order ¶2 (a),(b) requires that the 

Receiver obtain this Court’s approval of “specific proposals” for settlement.

(2) The proposed settlement entered into by the Receiver and its insurers is 

appropriately made subject to this Court’s approval.

(3) The settlement is in the best interests of the Robinson Receivership estate because 

it achieves a release of the Hartles’ claims against Robinson.

(4) The settlement provides, at paragraph 13, that the question of “[w]hether the 

Settlement Sum is to be paid to Releasors, to the Receiver of Robinson Insulation 

Company, or to a settlement fund or other fund established by the Receiver of 

Robinson Insulation Company shall depend on the direction provided by the 

Asbestos Claims Court in its final order approving this Agreement,” which 

provision assures that this Court can approve the settlement and, at the same time, 

protect the interests, if any, arising from any limited fund of insurance proceeds. 

04/20/2020

Case Number: AC 17-0694
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(5) Distribution of settlement proceeds to the Hartles, in view of contentions, if any, 

arising from any limited fund of insurance proceeds is best addressed upon 

Hartles’ motion for distribution, and any concerns of the Libby Plaintiffs or others 

with respect to the limited funds of indemnity insurance coverage of claims 

against Robinson will be addressed upon such motion. 

Wherefore, IT IS HEREBY ORDERED: 

(1) The Confidential Release and Settlement Agreement settling and releasing the 

Hartles’ claims against Robinson Insulation Company (a dissolved corporation), 

and Nancy Gibson, as court-appointed Receiver for Robinson Insulation 

Company, is hereby fully and finally approved. 

(2) Settlement proceeds shall be paid to the Receiver, Nancy Gibson, to be held by 

the Receiver, until such time as this Court rules on a motion by the Hartles for 

distribution. 

(3) Any concerns of the Libby Plaintiffs or others with respect to any limited funds of 

indemnity insurance coverage of claims against Robinson will be addressed upon 

such motion for distribution. 

DATED AND ELECTRONICALLY SIGNED AS NOTED BELOW. 

4/17/2020

/s/ Amy Eddy

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Amy Eddy, Asbestos Claims Court Judge