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12 Montana opinions name it 1 courts 2002–2025 2 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 |
|---|---|---|
Skauge v. Mountain States Telephone & Telegraph Co.green2 sentences2025Skauge, 172 Mont. at 528 , 565 P.2d at 632 (emphasis in original) (citations omitted). 6 ¶13 State Farm argues that even if its collection of reimbursement from GEICO, before the Johnsons had a chance to recover the full amount of their property losses, violated the made whole doctrine, the Johnsons lack standing to sue over the violation because they cannot prove that the collection caused their inability to collect the attorney fees they incurred. 2025Skauge, 172 Mont. at 528 , 565 P.2d at 632 (emphasis in original) (citations omitted). 6 ¶13 State Farm argues that even if its collection of reimbursement from GEICO, before the Johnsons had a chance to recover the full amount of their property losses, violated the made whole doctrine, the Johnsons lack standing to sue over the violation because they cannot prove that the collection caused their inability to collect the attorney fees they incurred. | 2 | 4 |
Orden v. United Services Automobile Ass'ngreen2 sentences2021Ass 'n, 2014 MT 45 , 374 Mont. 62 , 318 P.3d 1042 , the court reasoned further that Johnson's inability to recover related attorney fees from the tortfeasor/GEICO did not trigger the made-whole doctrine because State Farm's asserted right to subrogate its previously paid property loss compensation would not limit or reduce the amount of their recovery of attorney fees from the tortfeasor/GEICO because they had no such right. 2021Ass 'n, 2014 MT 45 , 374 Mont. 62 , 318 P.3d 1042 , the court reasoned further that Johnson's inability to recover related attorney fees from the tortfeasor/GEICO did not trigger the made-whole doctrine because State Farm's asserted right to subrogate its previously paid property loss compensation would not limit or reduce the amount of their recovery of attorney fees from the tortfeasor/GEICO because they had no such right. | 1 | 2 |
Swanson v. Hartford Insurance Co.green2 sentences2014Co., 2002 MT 81 , ¶ 15, 309 Mont. 269 , 46 P.3d 584 (citing Skauge v. Mt. 2011See also Swanson v. Hartford Insurance Co., 2002 MT 81 , 309 Mont. 269 , 46 P.3d 584 . ¶23 We distinguished the subrogation and “made whole” principles of these cases in Thayer , reasoning that the holdings in iVess, Zacher , and Skauge did not apply because the UEF was not an insurer, was not paid premiums, and Fund claimants were not guaranteed full payment of benefits by statute. | 1 | 2 |
Swanson v. Hartford Ins. Co. of Midwestgreen2 sentences2014Co., 2002 MT 81 , ¶ 15, 309 Mont. 269 , 46 P.3d 584 (citing Skauge v. Mt. 2014Co., 2002 MT 81 , ¶ 15, 309 Mont. 269 , 46 P.3d 584 (citing Skauge v. Mt. | 1 | 2 |
Allstate Insurance v. Reitlergreen2 sentences2013Co. v. Reitler, 192 Mont. 351, 355 , 628 P.2d 667, 670 (1981) (same). 2013Co. v. Reitler, 192 Mont. 351, 355 , 628 P.2d 667, 670 (1981) (same). | 1 | 1 |
Youngblood v. American States Insurancegreen2 sentences2013See Youngblood, 262 Mont. at 400 , 866 P.2d at 208 (voiding medical payment subrogation clause because it contradicted the made-whole doctrine); Allstate Ins. 2013See Youngblood, 262 Mont. at 400 , 866 P.2d at 208 (voiding medical payment subrogation clause because it contradicted the made-whole doctrine); Allstate Ins. | 1 | 1 |
State v. Marquardtgreen1 sentence2012See § 27-1-211, MCA\Baltrusch v. Baltrusch, 2003 MT 357, ¶ 67 , 319 Mont. 23 , 83 P.3d 256 . ¶101 With respect to the liquidated requirement, it would appear that the amount owed to each class member would remain uncertain until BCBSMT had completed a made- whole analysis. | 1 | 1 |
Baltrusch v. Baltruschgreen2 sentences2012See § 27-1-211, MCA\Baltrusch v. Baltrusch, 2003 MT 357, ¶ 67 , 319 Mont. 23 , 83 P.3d 256 . ¶101 With respect to the liquidated requirement, it would appear that the amount owed to each class member would remain uncertain until BCBSMT had completed a made- whole analysis. 2012See § 27-1-211, MCA\Baltrusch v. Baltrusch, 2003 MT 357, ¶ 67 , 319 Mont. 23 , 83 P.3d 256 . ¶101 With respect to the liquidated requirement, it would appear that the amount owed to each class member would remain uncertain until BCBSMT had completed a made- whole analysis. | 1 | 1 |
Wal-Mart Stores, Inc. v. Dukesgreen2 sentences2011“The key to the [Rule 23](b)(2) class is the indivisible nature of the injunctive or declaratory remedy warranted—the notion that the conduct is such that it can be enjoined or declared unlawful only as to all of the class members or as to none of them.” Wal-mart Stores, Inc., ___ U.S. at ___, 131 S. Ct. at 2557 (internal quotation omitted). ¶43 Diaz and Hoffmann-Bernhardt argue the class is certifiable under Rule 23(b)(2) because a single question affects all class members: Can the State, in compliance with the subrogation laws, programmatically exercise its exclusion before conducting a made 2011The key to the [Rule 23](b)(2) class is the indivisible nature of the injunctive or declaratory remedy warranted-fehe notion that the conduct is such that it can be enjoined or declared unlawful only as to all of the class members or as to none of them.” Wal-mart Stores, Inc., _U.S. at_, 131 S. Ct. at 2557 (internal quotation omitted). ¶43 Diaz and Hoffmann-Bernhardt argue the class is certifiable under Rule 23(b)(2) because a single question affects all class members: Can the State, in compliance with the subrogation laws, programmatically exercise its exclusion before conducting a made-whole | 1 | 1 |
Rauser v. Toston Irrigation Districtgreen1 sentence2002Skauge, 172 Mont. at 528, 565 P.2d at 632 (emphasis added). [T]he important aspect of the [Skauge] case is the adoption of the equitable principle that an insured must be totally reimbursed for all losses as well as the costs involved in recovering those losses. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Zacher v. American Insurance
green
2 sentences2025This is plain on the face of the formula we laid out in Zacher, which does not consider the amount available from a third party, but “the amounts otherwise received or to be received from third party claims, and also add[s] the costs of recovery, including attorney fees.” Zacher, 243 Mont. at 231 , 794 P.2d at 338 . ¶20 But notwithstanding the District Court’s misapplication of the made whole doctrine, “‘[w]e will not reverse the District Court when it reaches the right result, even if for the wrong reason.’” Hubbell v. Gull SCUBA Ctr., LLC, 2024 MT 247 , ¶ 24, 418 Mont. 399 , 558 P.3d 1094 (q 2025This is plain on the face of the formula we laid out in Zacher, which does not consider the amount available from a third party, but “the amounts otherwise received or to be received from third party claims, and also add[s] the costs of recovery, including attorney fees.” Zacher, 243 Mont. at 231 , 794 P.2d at 338 . ¶20 But notwithstanding the District Court’s misapplication of the made whole doctrine, “‘[w]e will not reverse the District Court when it reaches the right result, even if for the wrong reason.’” Hubbell v. Gull SCUBA Ctr., LLC, 2024 MT 247 , ¶ 24, 418 Mont. 399 , 558 P.3d 1094 (q | 2 | 2011–2025 |
Mattson v. Montana Power Co.
green
2 sentences2013Power Co., 2012 MT 318 , 368 Mont. 1 , 291 P.3d 1209 (whether the power company operated Kerr Dam unreasonably and caused unreasonable damage to shoreline properties was incapable of being resolved on an individual basis and was appropriate as a class action). ¶47 In all of these cases, there was a question of law or fact common to each member of the class that advanced, to some degree, the litigation of each class member’s claim. 2013Power Co., 2012 MT 318 , 368 Mont. 1 , 291 P.3d 1209 (whether the power company operated Kerr Dam unreasonably and caused unreasonable damage to shoreline properties was incapable of being resolved on an individual basis and was appropriate as a class action). ¶47 In all of these cases, there was a question of law or fact common to each member of the class that advanced, to some degree, the litigation of each class member’s claim. | 2 | 2013–2013 |
Ferguson v. Safeco Insurance Co. of America
green
2 sentences2013Co. of Am., 2008 MT 109 , 342 Mont. 380 , 180 P.3d 1164 (class action appropriate to determine whether insurer programmatically breached the duty to conduct a made-whole determination prior to subrogation); Diaz v. Blue Cross & Blue Shield of Mont., 2011 MT 322 , 363 Mont. 151 , 267 P.3d 756 (whether employees’ made-whole rights were violated by the State’s programmatically failing to conduct a made-whole analysis before exercising subrogation rights was appropriate for class action); Chipman v. Northwest Healthcare Corp., 2012 MT 242 , 366 Mont. 450 , 25 288 P.3d 193 (whether an enforceable s 2013Co. of Am., 2008 MT 109 , 342 Mont. 380 , 180 P.3d 1164 (class action appropriate to determine whether insurer programmatically breached the duty to conduct a made-whole determination prior to subrogation); Diaz v. Blue Cross & Blue Shield of Mont., 2011 MT 322 , 363 Mont. 151 , 267 P.3d 756 (whether employees’ made-whole rights were violated by the State’s programmatically failing to conduct a made-whole analysis before exercising subrogation rights was appropriate for class action); Chipman v. Northwest Healthcare Corp., 2012 MT 242 , 366 Mont. 450 , 25 288 P.3d 193 (whether an enforceable s | 2 | 2013–2013 |
Diaz v. Blue Cross & Blue Shield
green
2 sentences2013Co. of Am., 2008 MT 109 , 342 Mont. 380 , 180 P.3d 1164 (class action appropriate to determine whether insurer programmatically breached the duty to conduct a made-whole determination prior to subrogation); Diaz v. Blue Cross & Blue Shield of Mont., 2011 MT 322 , 363 Mont. 151 , 267 P.3d 756 (whether employees’ made-whole rights were violated by the State’s programmatically failing to conduct a made-whole analysis before exercising subrogation rights was appropriate for class action); Chipman v. Northwest Healthcare Corp., 2012 MT 242 , 366 Mont. 450 , 25 288 P.3d 193 (whether an enforceable s 2013Co. of Am., 2008 MT 109 , 342 Mont. 380 , 180 P.3d 1164 (class action appropriate to determine whether insurer programmatically breached the duty to conduct a made-whole determination prior to subrogation); Diaz v. Blue Cross & Blue Shield of Mont., 2011 MT 322 , 363 Mont. 151 , 267 P.3d 756 (whether employees’ made-whole rights were violated by the State’s programmatically failing to conduct a made-whole analysis before exercising subrogation rights was appropriate for class action); Chipman v. Northwest Healthcare Corp., 2012 MT 242 , 366 Mont. 450 , 25 288 P.3d 193 (whether an enforceable s | 2 | 2013–2013 |
Chipman v. Northwest Healthcare Corp.
green
2 sentences2013Co. of Am., 2008 MT 109 , 342 Mont. 380 , 180 P.3d 1164 (class action appropriate to determine whether insurer programmatically breached the duty to conduct a made-whole determination prior to subrogation); Diaz v. Blue Cross & Blue Shield of Mont., 2011 MT 322 , 363 Mont. 151 , 267 P.3d 756 (whether employees’ made-whole rights were violated by the State’s programmatically failing to conduct a made-whole analysis before exercising subrogation rights was appropriate for class action); Chipman v. Northwest Healthcare Corp., 2012 MT 242 , 366 Mont. 450 , 25 288 P.3d 193 (whether an enforceable s 2013Co. of Am., 2008 MT 109 , 342 Mont. 380 , 180 P.3d 1164 (class action appropriate to determine whether insurer programmatically breached the duty to conduct a made-whole determination prior to subrogation); Diaz v. Blue Cross & Blue Shield of Mont., 2011 MT 322 , 363 Mont. 151 , 267 P.3d 756 (whether employees’ made-whole rights were violated by the State’s programmatically failing to conduct a made-whole analysis before exercising subrogation rights was appropriate for class action); Chipman v. Northwest Healthcare Corp., 2012 MT 242 , 366 Mont. 450 , 25 288 P.3d 193 (whether an enforceable s | 2 | 2013–2013 |
Brookins Ex Rel. Gotcher v. Mote
green
2 sentences2025This is plain on the face of the formula we laid out in Zacher, which does not consider the amount available from a third party, but “the amounts otherwise received or to be received from third party claims, and also add[s] the costs of recovery, including attorney fees.” Zacher, 243 Mont. at 231 , 794 P.2d at 338 . ¶20 But notwithstanding the District Court’s misapplication of the made whole doctrine, “‘[w]e will not reverse the District Court when it reaches the right result, even if for the wrong reason.’” Hubbell v. Gull SCUBA Ctr., LLC, 2024 MT 247 , ¶ 24, 418 Mont. 399 , 558 P.3d 1094 (q 2025This is plain on the face of the formula we laid out in Zacher, which does not consider the amount available from a third party, but “the amounts otherwise received or to be received from third party claims, and also add[s] the costs of recovery, including attorney fees.” Zacher, 243 Mont. at 231 , 794 P.2d at 338 . ¶20 But notwithstanding the District Court’s misapplication of the made whole doctrine, “‘[w]e will not reverse the District Court when it reaches the right result, even if for the wrong reason.’” Hubbell v. Gull SCUBA Ctr., LLC, 2024 MT 247 , ¶ 24, 418 Mont. 399 , 558 P.3d 1094 (q | 1 | 2025–2025 |
DeTienne Associates Ltd. Partnership v. Farmers Union Mutual Insurance
green
2 sentences2014Skauge, 172 Mont. at 528 , 565 P.2d at 632 ; DeTienne, 266 Mont. at 190 , 879 P.2d at 708 ; Swanson, ¶ 28. 2014Skauge, 172 Mont. at 528 , 565 P.2d at 632 ; DeTienne, 266 Mont. at 190 , 879 P.2d at 708 ; Swanson, ¶ 28. | 1 | 2014–2014 |
Bennett v. State Farm Mutual Automobile Insurance
green
2 sentences2013Bennett, 261 Mont. at 389 , 862 P.2d at 1148 . 2013Bennett, 261 Mont. at 389 , 862 P.2d at 1148 . | 1 | 2013–2013 |
Ness v. Anaconda Minerals Co.
green
2 sentences2011This reasoning for application of the made whole doctrine within the insurance context was later reiterated in Zacher v. American Insurance Co., 243 Mont. 226 , 794 P.2d 335 (1990) and Ness v. Anaconda Minerals Co., 279 Mont. 472 , 929 P.2d 205 (1996). 2011This reasoning for application of the made whole doctrine within the insurance context was later reiterated in Zacher v. American Insurance Co., 243 Mont. 226 , 794 P.2d 335 (1990) and Ness v. Anaconda Minerals Co., 279 Mont. 472 , 929 P.2d 205 (1996). | 1 | 2011–2011 |
Thayer v. Uninsured Employers' Fund
green
2 sentences2011Similarly, as a general matter, the “business” of DPHHS is to provide public assistance, not to enter into insurance contracts. ¶16 Defendants cite to Thayer v. Uninsured Employers’ Fund, 1999 MT 304 , 297 Mont. 179 , 991 P.2d 447 , for its analysis of subrogation and the made whole doctrine in the context of a legislatively provided benefit. 2011Similarly, as a general matter, the “business” of DPHHS is to provide public assistance, not to enter into insurance contracts. ¶16 Defendants cite to Thayer v. Uninsured Employers’ Fund, 1999 MT 304 , 297 Mont. 179 , 991 P.2d 447 , for its analysis of subrogation and the made whole doctrine in the context of a legislatively provided benefit. | 1 | 2011–2011 |
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.