Indep. M. C. Co. v. Aetna L. I. Co., 216 P. 1109 (Mont. 1923). · Go Syfert
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Indep. M. C. Co. v. Aetna L. I. Co., 216 P. 1109 (Mont. 1923). Cases Citing This Book View Copy Cite
113 citation events (76 in the last 25 years) across 11 distinct courts.
Strongest positive: J & C Moodie Props., LLC v. Deck, 2016 MT 301, 384 P.3d 466
Treatment trajectory · 1924 → 2026 · click a year to view as-of
1924 1975 2026
Under fire: who is questioning this case
Citations from separate opinions of courts that could overrule this case. This is a warning signal, not a treatment change. The flag color above is unaffected.
Concurrence Draggin' Y Cattle Co. v. Junkermier, Clark, Campanella, Stevens, P.C., 2019 MT 97, 439 P.3d 935
“Milk , 68 Mont. at 157 -58 , 216 P. at 1110 -11 . ¶46 Distinct from the duty to defend, an insurer has an express contract duty to indemnify the insured within policy limits for covered losses.”
Concurrence Tidyman's Manangement Servs. Inc. v. Davis, 2014 MT 205, 330 P.3d 1139
“Co. , 68 Mont. 152, 157 , 216 P. 1109, 1110 (1923); Keating v. Universal Underwriters Ins.”
How cited ↗
Cited for
At page 1110 The refusal of the insurer to defend the action was unjustified and it did so at its peril. It constituted a breach of the contract and the respondent clearly was entitled to recover such damages as were the natural and ordinary consequence of the breach.6 citing cases3 citing courts put it this way
  • J & C Moodie Props., LLC v. Deck, 2016 MT 301, 384 P.3d 466. 2 cites
    (The refusal of the insurer to defend the action was unjustified and it did so at its peril. It constituted a breach of the contract and the respondent clearly was entitled to recover such damages as were the natural an…)
  • Tidyman's Manangement Servs. Inc. v. Davis, 2014 MT 205, 330 P.3d 1139. 6 cites
    (The refusal of the insurer to defend the action was unjustified and it did so at its peril.)
  • Baadsgaard v. Safeco Ins. Co. of Illinois, No. 4:19-cv-00075 (D. Mont. Dec. 15, 2020).
    Co., 216 P. 1109, 1110 (Mont. 1923).
  • Huckins v. United Servs. Auto. Ass'n, 2017 MT 143, 396 P.3d 121.
    Co., 68 Mont. 152, 157 , 216 P. 1109, 1110 (1923). “[WJhere the insurer refuses to defend a claim and does so unjustifiably, that insurer becomes liable for defense costs and judgments.” Staples , ¶ 20 (citation omitted). ¶32 As we have st…
  • Nielsen v. TIG Ins., 442 F. Supp. 2d 972 (D. Mont. 2006).
    Co., 68 Mont. 152, 157 , 216 P. 1109, 1110 (1923).
  • Am. Simmental Ass'n v. Coregis Ins., 107 F. Supp. 2d 1064 (D. Neb. 2000).
    (refusal of insurer to defend action against insured was breach of contract, entitling insured to recover “such damages as were the natural and ordinary consequence of the breach)
At page 1111 in interpreting agreements of indemnity, the court relied on § 8169, RCM (1921) which is now codified in § 28-11-316, MCA4 citing cases2 citing courts put it this way
“The refusal of the insurer to defend the action was unjustified and it did so at its peril. It constituted a breach of the contract and the respondent clearly was entitled to recover such damages as were the natural and ordinary consequence of the breach.”no pin page on record · 2 citing cases listed
  • J & C Moodie Props., LLC v. Deck, 2016 MT 301, 384 P.3d 466. 2 cites
    “The refusal of the insurer to defend the action was unjustified and it did so at its peril. It constituted a breach of the contract and the respondent clearly was entitled to recover such damages as were the natural an…”
  • Tidyman's Manangement Servs. Inc. v. Davis, 2014 MT 205, 330 P.3d 1139. 6 cites
    “The refusal of the insurer to defend the action was unjustified and it did so at its peril.”
Retrieving the full opinion text from the archive…
Independent Milk Cream Co.
v.
Aetna Life Insurance Co.
Montana Supreme Court.
Jun 30, 1923.
216 P. 1109
1923 Mont. LEXIS 162
Published
2 passages pin-cited by 2 cases
Pinpoint authority: #15,885 of 633,719
Citer courts: Montana Supreme Court (3)

Opinion text not yet available for this case.