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13 Montana opinions name it 1 courts 2003–2019 0 in the last five years
The cases below were cited by Montana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
St. Paul Fire & Marine Insurance v. Glassinggreen2 sentences2008Paul Fire & Marine Ins. v. Glassing, 269 Mont. 76, 81 , 887 P.2d 218, 221 (1994) (citation omitted) (statute of limitations begins to run on a subrogation claim at the same time the statute of limitations would have began to run on the insured's action against the tortfeasor). ¶ 18 Contrary to what the Board suggests, the filing and denial of an insurance claim is not a statutory prerequisite to filing suit to recover for an insured loss that has occurred. 2008Paul Fire & Marine Ins. v. Glassing, 269 Mont. 76, 81 , 887 P.2d 218, 221 (1994) (citation omitted) (statute of limitations begins to run on a subrogation claim at the same time the statute of limitations would have began to run on the insured's action against the tortfeasor). ¶ 18 Contrary to what the Board suggests, the filing and denial of an insurance claim is not a statutory prerequisite to filing suit to recover for an insured loss that has occurred. | 5 | 5 |
Mountain West Farm Bureau Mutual Insurance v. Brewergreen2 sentences2003Co. v. Brewer, 2003 MT 98, ¶¶ 8-36, 43-53 , 315 Mont. 231, ¶¶ 8-36, 43-53 , 69 P.3d 652, ¶¶ 8-36, 43-53 (Trieweiler, T, concurring and dissenting). ¶58 While I agree with the majority’s analysis of our prior case law as set forth in ¶¶ 25-29,1 nonetheless believe that the attorney fees and costs question in the case at bar is better analyzed and resolved under the insurance exception discussed in Mountain West and the concurrence, rather than on the basis of § 27-8-313, MCA-a statute and theory that was not argued in the District Court. ¶59 Accordingly, I concur in the result of our Opinion bu 2003Co. v. Brewer, 2003 MT 98, ¶¶ 8-36, 43-53 , 315 Mont. 231, ¶¶ 8-36, 43-53 , 69 P.3d 652, ¶¶ 8-36, 43-53 (Trieweiler, T, concurring and dissenting). ¶58 While I agree with the majority’s analysis of our prior case law as set forth in ¶¶ 25-29,1 nonetheless believe that the attorney fees and costs question in the case at bar is better analyzed and resolved under the insurance exception discussed in Mountain West and the concurrence, rather than on the basis of § 27-8-313, MCA-a statute and theory that was not argued in the District Court. ¶59 Accordingly, I concur in the result of our Opinion bu | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Goodover v. Lindey's Inc.
green
2 sentences2019We explained in Goodover that "[t]his equitable exception to the general rule is available in those unique factual situations in which a party is forced into a frivolous lawsuit and must incur attorney[ ] fees to dismiss the claim." Goodover , 255 Mont. at 447 , 843 P.2d at 775 . ¶64 We also have recognized an insurance exception to the American Rule. 2019We explained in Goodover that "[t]his equitable exception to the general rule is available in those unique factual situations in which a party is forced into a frivolous lawsuit and must incur attorney[ ] fees to dismiss the claim." Goodover , 255 Mont. at 447 , 843 P.2d at 775 . ¶64 We also have recognized an insurance exception to the American Rule. | 2 | 2003–2019 |
Mlekush v. Farmers Insurance Exchange
neutral
2 sentences2017Exch., 2015 MT 302 , 381 Mont. 292 , 358 P.3d 913 , concluded that the District Court’s exclusive reliance on when Mlekush initiated her action was error; “the determination of whether an insured is entitled to attorney fees under the insurance exception, though a matter of law, necessitates factual findings that take into consideration both parties’ actions during the entire process leading up to the ultimate resolution of the claim.” Mlekush , ¶ 13. 2017Exch., 2015 MT 302 , 381 Mont. 292 , 358 P.3d 913 , concluded that the District Court’s exclusive reliance on when Mlekush initiated her action was error; “the determination of whether an insured is entitled to attorney fees under the insurance exception, though a matter of law, necessitates factual findings that take into consideration both parties’ actions during the entire process leading up to the ultimate resolution of the claim.” Mlekush , ¶ 13. | 2 | 2017–2017 |
In Re the Estate of Lande
green
2 sentences2019Partners, LLC , 2019 MT 19 , ¶ 64, 394 Mont. 135 , 433 P.3d 1230 (citations omitted). ¶12 We have previously held that § 25-10-501, MCA, "addresses memoranda of costs only[.]" In re Estate of Lande , 1999 MT 179 , ¶ 12, 295 Mont. 277 , 983 P.2d 316 . 2019Partners, LLC , 2019 MT 19 , ¶ 64, 394 Mont. 135 , 433 P.3d 1230 (citations omitted). ¶12 We have previously held that § 25-10-501, MCA, "addresses memoranda of costs only[.]" In re Estate of Lande , 1999 MT 179 , ¶ 12, 295 Mont. 277 , 983 P.2d 316 . | 1 | 2019–2019 |
Abbey/Land, LLC v. Glacier Constr. Partners, LLC
green
2 sentences2019Partners, LLC , 2019 MT 19 , ¶ 64, 394 Mont. 135 , 433 P.3d 1230 (citations omitted). ¶12 We have previously held that § 25-10-501, MCA, "addresses memoranda of costs only[.]" In re Estate of Lande , 1999 MT 179 , ¶ 12, 295 Mont. 277 , 983 P.2d 316 . 2019Partners, LLC , 2019 MT 19 , ¶ 64, 394 Mont. 135 , 433 P.3d 1230 (citations omitted). ¶12 We have previously held that § 25-10-501, MCA, "addresses memoranda of costs only[.]" In re Estate of Lande , 1999 MT 179 , ¶ 12, 295 Mont. 277 , 983 P.2d 316 . | 1 | 2019–2019 |
Murphy Homes, Inc. v. Muller
green
2 sentences2009Murphy Homes, Inc. v. Muller, 2007 MT 140, ¶ 74 , 337 Mont. 411 , 162 P.3d 106 . ¶44 The District Court instructed the jury in Instructions 8 and 9 respectively, that it should find Allstate liable for bad faith under the UTPA or the common law if it found that Allstate “misrepresent[ed] pertinent facts regarding an insurance claim... .’’The instructions were presumably based upon the codification of the UTPA in §33-18-201, MCA, which states: ‘No person may, with such frequency as to indicate a general business practice, do any of the following: (1) misrepresent pertinent facts or insurance po 2009Murphy Homes, Inc. v. Muller, 2007 MT 140, ¶ 74 , 337 Mont. 411 , 162 P.3d 106 . ¶44 The District Court instructed the jury in Instructions 8 and 9 respectively, that it should find Allstate liable for bad faith under the UTPA or the common law if it found that Allstate “misrepresent[ed] pertinent facts regarding an insurance claim... .’’The instructions were presumably based upon the codification of the UTPA in §33-18-201, MCA, which states: ‘No person may, with such frequency as to indicate a general business practice, do any of the following: (1) misrepresent pertinent facts or insurance po | 1 | 2009–2009 |
Bennett v. State Farm Mutual Automobile Insurance
green
2 sentences2008Bennett, 261 Mont. at 390 , 862 P.2d at 1149 . 2008Bennett, 261 Mont. at 390 , 862 P.2d at 1149 . | 1 | 2008–2008 |
Truck Insurance Exchange v. Woldstad
green
2 sentences2003Exchange v. Woldstad (1984), 212 Mont. 418, 423 , 687 P.2d 1022, 1025 ; Goodover v. Lindey’s Inc. (1992), 255 Mont. 430, 448 , 843 P.2d 765, 776 . ¶19 Approximately eighteen years after we decided Pinski Brothers, we were asked in Yovish to expand the insurance exception to afford attorney fee awards when an insurer breaches its duty to indemnify. 2003Exchange v. Woldstad (1984), 212 Mont. 418, 423 , 687 P.2d 1022, 1025 ; Goodover v. Lindey’s Inc. (1992), 255 Mont. 430, 448 , 843 P.2d 765, 776 . ¶19 Approximately eighteen years after we decided Pinski Brothers, we were asked in Yovish to expand the insurance exception to afford attorney fee awards when an insurer breaches its duty to indemnify. | 1 | 2003–2003 |
Yovish v. United Services Automobile Ass'n
green
2 sentences2003Ass’n (1990), 243 Mont. 284 , 794 P.2d 682 , Mountain West insists that we have refused to expand the insurance exception to incorporate duty to indemnify cases absent legislative authority. 2003Ass’n (1990), 243 Mont. 284 , 794 P.2d 682 , Mountain West insists that we have refused to expand the insurance exception to incorporate duty to indemnify cases absent legislative authority. | 1 | 2003–2003 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.