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12 Montana opinions name it 1 courts 1993–2018 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 |
|---|---|---|
Wellcome v. Home Insurancegreen2 sentences2013Co., 257 Mont. 354, 359 , 849 P.2d 190, 194 (1993)). ‘The reason, of course, is that ‘expectations which are contrary to a clear exclusion from coverage are not “objectively reasonable.”’ ” Livengood , ¶ 33 (quoting Wellcome, 257 Mont. at 359 , 849 P.2d at 194 ). ¶21 In Livengood , a coverage exclusion in an automobile liability policy was challenged as violating the reasonable expectations doctrine. 2013Co., 257 Mont. 354, 359 , 849 P.2d 190, 194 (1993)). ‘The reason, of course, is that ‘expectations which are contrary to a clear exclusion from coverage are not “objectively reasonable.”’ ” Livengood , ¶ 33 (quoting Wellcome, 257 Mont. at 359 , 849 P.2d at 194 ). ¶21 In Livengood , a coverage exclusion in an automobile liability policy was challenged as violating the reasonable expectations doctrine. | 2 | 3 |
Transamerica Insurance v. Roylegreen2 sentences2014Co. v. Royle, 202 Mont. 173 , 656 P.2d 820 (1983), stating: “The objectively reasonable expectations of applicants and intended beneficiaries regarding the terms of insurance contracts will be honored even though painstaking study of the policy provisions would have negated those expectations.” Fisher , ¶ 20 (quoting Royle, 202 Mont. at 180-81 , 656 P.2d at 824 ; internal quotation marks omitted). 2014Co. v. Royle, 202 Mont. 173 , 656 P.2d 820 (1983), stating: “The objectively reasonable expectations of applicants and intended beneficiaries regarding the terms of insurance contracts will be honored even though painstaking study of the policy provisions would have negated those expectations.” Fisher , ¶ 20 (quoting Royle, 202 Mont. at 180-81 , 656 P.2d at 824 ; internal quotation marks omitted). | 1 | 3 |
Farmers Union Mutual Insurance v. Oaklandgreen2 sentences2018Co. v. Oakland , 251 Mont. 352 , 356, 825 P.2d 554 , 554 (1992) ; see also Duensing v. Traveler's Cos. , 257 Mont. 376 , 380, 384, 849 P.2d 203 , 206, 208 (1993). ¶ 33 The reasonable expectations doctrine provides that "the objectively reasonable expectations of insurance purchasers regarding their policy terms should be honored, even if a painstaking study of the policy negates expectations." Kilby Butte Colony, Inc. v. State Farm Mut. 2018Co. v. Oakland , 251 Mont. 352 , 356, 825 P.2d 554 , 554 (1992) ; see also Duensing v. Traveler's Cos. , 257 Mont. 376 , 380, 384, 849 P.2d 203 , 206, 208 (1993). ¶ 33 The reasonable expectations doctrine provides that "the objectively reasonable expectations of insurance purchasers regarding their policy terms should be honored, even if a painstaking study of the policy negates expectations." Kilby Butte Colony, Inc. v. State Farm Mut. | 1 | 2 |
Stutzman v. Safeco Insurance Co. of Americagreen2 sentences2000The doctrine of reasonable expectations does not apply to create coverage where “the terms of the insurance policy clearly demonstrate an intent to exclude [such] coverage.” Stutzman, 284 Mont. at 381 , 945 P.2d at 37 (citation omitted). 2000The doctrine of reasonable expectations does not apply to create coverage where “the terms of the insurance policy clearly demonstrate an intent to exclude [such] coverage.” Stutzman, 284 Mont. at 381 , 945 P.2d at 37 (citation omitted). | 1 | 2 |
Duensing v. Traveler's Companiesgreen2 sentences2018Co. v. Oakland , 251 Mont. 352 , 356, 825 P.2d 554 , 554 (1992) ; see also Duensing v. Traveler's Cos. , 257 Mont. 376 , 380, 384, 849 P.2d 203 , 206, 208 (1993). ¶ 33 The reasonable expectations doctrine provides that "the objectively reasonable expectations of insurance purchasers regarding their policy terms should be honored, even if a painstaking study of the policy negates expectations." Kilby Butte Colony, Inc. v. State Farm Mut. 2018Co. v. Oakland , 251 Mont. 352 , 356, 825 P.2d 554 , 554 (1992) ; see also Duensing v. Traveler's Cos. , 257 Mont. 376 , 380, 384, 849 P.2d 203 , 206, 208 (1993). ¶ 33 The reasonable expectations doctrine provides that "the objectively reasonable expectations of insurance purchasers regarding their policy terms should be honored, even if a painstaking study of the policy negates expectations." Kilby Butte Colony, Inc. v. State Farm Mut. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bennett v. State Farm Mutual Automobile Insurance
green
2 sentences1998More specifically, we noted that because underinsured motorist coverage generally “does not depend on the insured person occupying an insured vehicle,” the insured in that case “could reasonably expect to recover damages up to the limit of both policies under which she was an insured and for which separate premiums had been paid.” Bennett, 261 Mont. at 389 , 862 P.2d at 1148 . 1998More specifically, we noted that because underinsured motorist coverage generally “does not depend on the insured person occupying an insured vehicle,” the insured in that case “could reasonably expect to recover damages up to the limit of both policies under which she was an insured and for which separate premiums had been paid.” Bennett, 261 Mont. at 389 , 862 P.2d at 1148 . | 2 | 1998–1998 |
Dale Mortensen v. Bresnan Communications
green
1 sentence2018Mortensen v. Bresnan Communications LLC , 722 F.3d 1151 , 1161 (9th Cir. 2013). 14 Such expansion of the doctrine from a special public policy based rule, narrowly applicable in the insurance context, to a generally applicable contract principle would similarly contravene the parol evidence rule, thereby destroying the stability and predictability of written contracts. | 1 | 2018–2018 |
Bailey v. Lincoln General Insurance Co.
green
1 sentence2018Bailey , 255 P.3d at 1050 . | 1 | 2018–2018 |
Farmers Alliance Mutual Insurance Company v. Robert E. Miller Carole J. Miller, the Estate of Richard Miller, Deceased
green
1 sentence2018Co. v. Miller , 869 F.2d 509 , 511 (9th Cir. 1989) (upholding an offset clause because it was "in a logical position within the uninsured motorist endorsement, which in turn occupies a logical position within the policy as a whole."). ¶ 21 Cramer argues that the policy's non-duplication provision was obscurely placed, as it is not referenced in either the MedPay or UIM coverage sections of the policy and is found several pages away from both sections, thus violating the reasonable expectations doctrine. | 1 | 2018–2018 |
Orden v. United Services Automobile Ass'n
green
2 sentences2014We similarly relied upon this language from Conway in Van Orden v. United Services Automobile Association, 2014 MT 45, ¶ 21 , 374 Mont. 62 , 318 P.3d 1042 , to conclude that, under a made-whole analysis, an insured was not entitled to double recover for property damages when medical coverage was insufficient. 2014We similarly relied upon this language from Conway in Van Orden v. United Services Automobile Association, 2014 MT 45, ¶ 21 , 374 Mont. 62 , 318 P.3d 1042 , to conclude that, under a made-whole analysis, an insured was not entitled to double recover for property damages when medical coverage was insufficient. | 1 | 2014–2014 |
State v. Wymore
neutral
1 sentence2014Co., 2009 MT 418, ¶ 42 , 354 Mont. 15 , 221 P.3d 666 (quotation omitted). | 1 | 2014–2014 |
Giacomelli v. Scottsdale Insurance
green
2 sentences2014Co., 2009 MT 418, ¶ 42 , 354 Mont. 15 , 221 P.3d 666 (quotation omitted). 2014Co., 2009 MT 418, ¶ 42 , 354 Mont. 15 , 221 P.3d 666 (quotation omitted). | 1 | 2014–2014 |
American Family Mutual Insurance v. Livengood
green
2 sentences2013Co. v. Livengood, 1998 MT 329, ¶ 38 , 292 Mont. 244 , 970 P.2d 1054 . ¶20 We first recognized the reasonable expectations doctrine in Transamerica Ins. 2013Co. v. Livengood, 1998 MT 329, ¶ 38 , 292 Mont. 244 , 970 P.2d 1054 . ¶20 We first recognized the reasonable expectations doctrine in Transamerica Ins. | 1 | 2013–2013 |
Passage v. Prudential-Bache Securities, Inc.
green
2 sentences1993We next considered, and declined to apply, the reasonable expectations doctrine in Passage v. Prudential-Bache Securities, Inc. (1986), 223 Mont. 60 , 727 P.2d 1298 . 1993We next considered, and declined to apply, the reasonable expectations doctrine in Passage v. Prudential-Bache Securities, Inc. (1986), 223 Mont. 60 , 727 P.2d 1298 . | 1 | 1993–1993 |
Page Wellcome, Professional Service Corp. v. Home Insurance
green
1 sentence1993The court did not rely on the “wrongful acts” exclusion, 758 F.Supp. 1375 . | 1 | 1993–1993 |
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.