Category archive: Montana

Cabin Crushed, Claim Properly Denied, No Montana Unfair Trade Practices Act Exposure

Summary: Parker’s cabin was damaged when a boulder came down a hillside and crashed into it. The trial court found the earth movement exclusion applied, found there was no coverage, and denied Parker’s Unfair Trade Practices Act (UTPA) claim. The Supreme Court of Montana affirmed. Parker v. Safeco Insurance Company of America The Supreme Court…

Montana UTPA Claim Properly Dismissed

Summary: Ibsen, Inc., the owner and operator of an urgent care medical clinic filed a four count complaint against a health insurance company, Caring For Montanans, and others, alleging violations of Montana’s Unfair Trade Practices Act (UTPA) and alleged common law counts for breach of fiduciary duty, breach of contract, and unjust enrichment. The Montana…

Excess Insurer’s Mistake About its Applicable Limits, Absent Bad Faith, Limited its Exposure to Contract Damages

Summary: A tanker truck spilled 6,380 gallons of gasoline, which flowed underneath the highway and beneath the property of multiple homeowners. This case involved the available amount of coverage under primary and excess policies that included both commercial general liability and auto liability coverages. The primary carrier quickly exhausted its $1,000,000 Auto limit through clean-up…

Class Rep’s Individual Bad Faith Claim Doesn’t Bar Injunctive and Declaratory Relief Class

Summary: Kent Roose was severely injured in an auto crash in 2007. The liability carrier for the negligent driver and the driver’s estate paid sums to settle the case Roose filed, but his extensive medical expenses were insufficient to pay his more than $300,000 in medical expenses. His group health plan had an exclusion providing…

Montana Supreme Court Reverses to Allow Insurer to Intervene and Challenge Reasonableness

Summary: A landowner brought an action against the general contractor and subcontractors involving the construction of a home. General contractor’s insurer moved to intervene to challenge reasonableness of a $12M Judgment to which contractor confessed judgment. The lower court entered Judgment in favor of general contractor. The insurer appealed arguing it had a right to…

Montana Supreme Court Rules State Farm Did Not Act in Bad Faith Because it had a Reasonable Basis to Refuse Settlement Offer

Summary: Automobile insurer filed suit seeking declaratory judgment that “Limits of Liability” for “Each Person” limited coverage on derivative claims brought by passenger’s daughter for passenger’s death as a result of a car accident caused by insured’s negligence to $50,000 limit that had already been paid to passenger’s estate.  The insured and personal representative of…

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