utpa claim in Montana

10 Montana opinions name it 1 courts 2000–2022 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.

Followed or applied (6)

Case	Followed	Cited
Fisher v. State Farm General Insurancegreen mont · 1999 · cited in 2 Montana opinions naming this issue, 2000–2004 2 sentences 2000Co., however, section 33-18-242(1), MCA, expressly provides that an UTPA claim against an insurer is an independent cause of action See Fisher, 1999 MT 308, ¶ 16 , 297 Mont. 201, ¶ 16 , 991 P.2d 452, ¶ 16 . 2000Co., however, section 33-18-242(1), MCA, expressly provides that an UTPA claim against an insurer is an independent cause of action See Fisher, 1999 MT 308, ¶ 16 , 297 Mont. 201, ¶ 16 , 991 P.2d 452, ¶ 16 .	2	2
Klaudt v. Flinkgreen mont · 1983 · cited in 2 Montana opinions naming this issue, 2004–2010 2 sentences 2010Co., 2004 MT 105 , 321 Mont. 65 , 89 P.3d 22 , “[t]he issues in a UTPA claim are separate from the issues in the underlying claim.” Graf , ¶ 12 (citing Klaudt v. Flink, 202 Mont. 247, 252-53 , 658 P.2d 1065, 1067-68 (1983)). 2010Co., 2004 MT 105 , 321 Mont. 65 , 89 P.3d 22 , “[t]he issues in a UTPA claim are separate from the issues in the underlying claim.” Graf , ¶ 12 (citing Klaudt v. Flink, 202 Mont. 247, 252-53 , 658 P.2d 1065, 1067-68 (1983)).	1	2
Jarvis v. Farmers Insurance Exchangegreen wyo · 1997 · cited in 1 Montana opinions naming this issue, 2015–2015 2 sentences 2015Exch., 948 P.2d 898, 900-01 (Wyo. 1997). ¶124 In my view, the trier of fact must find some damages, over and above the contractual damages awarded, which are causally connected to the UTPA violation and which support the actual and punitive damages recoverable under this separate cause of action. 2015Exch., 948 P.2d 898, 900-01 (Wyo. 1997). ¶124 In my view, the trier of fact must find some damages, over and above the contractual damages awarded, which are causally connected to the UTPA violation and which support the actual and punitive damages recoverable under this separate cause of action.	1	1
Sacco v. High Country Independent Press, Inc.green mont · 1995 · cited in 1 Montana opinions naming this issue, 2008–2008 2 sentences 2008To inject the Sacco standard into the UTPA framework would preclude recovery for actual emotional-distress damages in any case 67 where the claimant cannot prove that his or her emotional distress was “so severe that no reasonable person could be expected to endure it.” Sacco, 271 Mont, at 234, 239 , 896 P.2d at 426,429 (internal alteration omitted). 2008To inject the Sacco standard into the UTPA framework would preclude recovery for actual emotional-distress damages in any case 67 where the claimant cannot prove that his or her emotional distress was “so severe that no reasonable person could be expected to endure it.” Sacco, 271 Mont, at 234, 239 , 896 P.2d at 426,429 (internal alteration omitted).	1	1
Peterson v. Doctors' Co.green mont · 2007 · cited in 1 Montana opinions naming this issue, 2008–2008 2 sentences 2008Peterson v. The Doctors’ Co., 2007 MT 264, ¶ 33 , 339 Mont. 354, ¶ 33 , 170 P.3d 459, ¶ 33 (where an insurer has allegedly failed to conduct a reasonable investigation, the UTPA action functions to “test the propriety of the actions taken or not taken by the insurer in light of the information possessed by the insurer at the time it adjusted the underlying claim”) (emphasis added); Graf , ¶ 17 (to properly evaluate a UTPA claim, the jury must be “aware of everything in the claims file,” such as “investigative reports, evaluations and correspondence”). ¶84 Here, apart from any other information 2008Peterson v. The Doctors’ Co., 2007 MT 264, ¶ 33 , 339 Mont. 354, ¶ 33 , 170 P.3d 459, ¶ 33 (where an insurer has allegedly failed to conduct a reasonable investigation, the UTPA action functions to “test the propriety of the actions taken or not taken by the insurer in light of the information possessed by the insurer at the time it adjusted the underlying claim”) (emphasis added); Graf , ¶ 17 (to properly evaluate a UTPA claim, the jury must be “aware of everything in the claims file,” such as “investigative reports, evaluations and correspondence”). ¶84 Here, apart from any other information	1	1
Poteat v. St. Paul Mercury Ins. Co.green mont · 1996 · cited in 1 Montana opinions naming this issue, 2000–2000 2 sentences 2000Co. (1996), 277 Mont. 117, 120 , 918 P.2d 677, 679 (stating that a district court does not have subject matter jurisdiction over such an UTPA claim until final settlement or judgment is achieved). 2000Co. (1996), 277 Mont. 117, 120 , 918 P.2d 677, 679 (stating that a district court does not have subject matter jurisdiction over such an UTPA claim until final settlement or judgment is achieved).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway.

Also cited on this issue (11)

Case	Cited	Years
Graf v. Continental Western Insurance green mont · 2004 2 sentences 2021Co., 2004 MT 105, ¶ 12 , 321 Mont. 65 , 89 P.3d 22 (“The issues in a UTPA claim are separate from the issues in the underlying claim.”). 2021Co., 2004 MT 105, ¶ 12 , 321 Mont. 65 , 89 P.3d 22 (“The issues in a UTPA claim are separate from the issues in the underlying claim.”).	2	2010–2021
In Re AA green mont · 2005 2 sentences 2022The jury never reached the UTPA issue after answering “no” to the first question. ¶13 “It is well established that ‘acquiescence in error takes away the right of objecting to it.’” Horn v. Bull River Country Store Props., 2012 MT 245, ¶ 25 , 366 Mont. 491 , 288 P.3d 218 (quoting In re A.A., 2005 MT 119, ¶ 26 , 327 Mont. 127 , 112 P.3d 993 ). 2022The jury never reached the UTPA issue after answering “no” to the first question. ¶13 “It is well established that ‘acquiescence in error takes away the right of objecting to it.’” Horn v. Bull River Country Store Props., 2012 MT 245, ¶ 25 , 366 Mont. 491 , 288 P.3d 218 (quoting In re A.A., 2005 MT 119, ¶ 26 , 327 Mont. 127 , 112 P.3d 993 ).	1	2022–2022
Horn v. Bull River Country Store Properties, LLC green mont · 2012 2 sentences 2022The jury never reached the UTPA issue after answering “no” to the first question. ¶13 “It is well established that ‘acquiescence in error takes away the right of objecting to it.’” Horn v. Bull River Country Store Props., 2012 MT 245, ¶ 25 , 366 Mont. 491 , 288 P.3d 218 (quoting In re A.A., 2005 MT 119, ¶ 26 , 327 Mont. 127 , 112 P.3d 993 ). 2022The jury never reached the UTPA issue after answering “no” to the first question. ¶13 “It is well established that ‘acquiescence in error takes away the right of objecting to it.’” Horn v. Bull River Country Store Props., 2012 MT 245, ¶ 25 , 366 Mont. 491 , 288 P.3d 218 (quoting In re A.A., 2005 MT 119, ¶ 26 , 327 Mont. 127 , 112 P.3d 993 ).	1	2022–2022
Fowler v. State Farm Mutual Automobile Insurance green mont · 1969 2 sentences 2019See § 27-1-317, MCA (measure of tort damages); Thompson , 161 Mont. at 215 , 505 P.2d at 427 ; Fowler , 153 Mont. at 78 -79 , 454 P.2d at 78 -79 . 4 Accordingly, long before enactment of § 33-18-242, MCA (independent UTPA claim), contractual and tortious breach of the implied covenant of good faith were, at the election of the insured, distinct common-law remedies available for breach of the implied contract duty to settle within policy limits. *343 ¶51 In 1987, the Legislature enacted § 33-18-242, MCA, effectively abolishing first-party tortious bad faith claims and replacing them with a st 2019See § 27-1-317, MCA (measure of tort damages); Thompson , 161 Mont. at 215 , 505 P.2d at 427 ; Fowler , 153 Mont. at 78 -79 , 454 P.2d at 78 -79 . 4 Accordingly, long before enactment of § 33-18-242, MCA (independent UTPA claim), contractual and tortious breach of the implied covenant of good faith were, at the election of the insured, distinct common-law remedies available for breach of the implied contract duty to settle within policy limits. *343 ¶51 In 1987, the Legislature enacted § 33-18-242, MCA, effectively abolishing first-party tortious bad faith claims and replacing them with a st	1	2019–2019
Thompson v. State Farm Mutual Automobile Insurance green mont · 1973 2 sentences 2019See § 27-1-317, MCA (measure of tort damages); Thompson , 161 Mont. at 215 , 505 P.2d at 427 ; Fowler , 153 Mont. at 78 -79 , 454 P.2d at 78 -79 . 4 Accordingly, long before enactment of § 33-18-242, MCA (independent UTPA claim), contractual and tortious breach of the implied covenant of good faith were, at the election of the insured, distinct common-law remedies available for breach of the implied contract duty to settle within policy limits. *343 ¶51 In 1987, the Legislature enacted § 33-18-242, MCA, effectively abolishing first-party tortious bad faith claims and replacing them with a st 2019See § 27-1-317, MCA (measure of tort damages); Thompson , 161 Mont. at 215 , 505 P.2d at 427 ; Fowler , 153 Mont. at 78 -79 , 454 P.2d at 78 -79 . 4 Accordingly, long before enactment of § 33-18-242, MCA (independent UTPA claim), contractual and tortious breach of the implied covenant of good faith were, at the election of the insured, distinct common-law remedies available for breach of the implied contract duty to settle within policy limits. *343 ¶51 In 1987, the Legislature enacted § 33-18-242, MCA, effectively abolishing first-party tortious bad faith claims and replacing them with a st	1	2019–2019
Peris v. Safeco Insurance green mont · 1996 2 sentences 2019Peris , 276 Mont. at 493 -94 , 916 P.2d at 785 . ¶37 Enforcement of a judgment against New York Marine is not at issue in this case, and we express no opinion on any claims that may be brought against New York Marine in the future. 2019Peris , 276 Mont. at 493 -94 , 916 P.2d at 785 . ¶37 Enforcement of a judgment against New York Marine is not at issue in this case, and we express no opinion on any claims that may be brought against New York Marine in the future.	1	2019–2019
McReynolds v. Merrill Lynch, Pierce, Fenner & Smith, Inc. green ca7 · 2012 2 sentences 2013See Ferguson, ¶ 28; McReynolds, 672 F.3d at 491 . ¶46 Allstate further contends that this question cannot be answered as a class question because an independent cause of action for a UTPA violation or common law bad faith requires a showing of actual damages. 2013See Ferguson, ¶ 28; McReynolds, 672 F.3d at 491 . ¶46 Allstate further contends that this question cannot be answered as a class question because an independent cause of action for a UTPA violation or common law bad faith requires a showing of actual damages.	1	2013–2013
Lorang v. Fortis Insurance green mont · 2008 2 sentences 2009Co., 2008 MT 252, ¶ 190 , 345 Mont. 12 , 192 P.3d 186 (where we again held in the context of a parasitic claim for emotional distress damages arising out of a UTPA violation that the Sacco “serious or severe” standard does not apply). 2009Co., 2008 MT 252, ¶ 190 , 345 Mont. 12 , 192 P.3d 186 (where we again held in the context of a parasitic claim for emotional distress damages arising out of a UTPA violation that the Sacco “serious or severe” standard does not apply).	1	2009–2009
Lough v. Insurance Co. of North America green mont · 1990 2 sentences 2004Lough, 242 Mont. at 174-75 , 789 P.2d at 578 . ¶15 In conclusion, the issues in a UTPA claim are separate and distinct from the issues in the underlying suit. 2004Lough, 242 Mont. at 174-75 , 789 P.2d at 578 . ¶15 In conclusion, the issues in a UTPA claim are separate and distinct from the issues in the underlying suit.	1	2004–2004
Hall v. Heckerman green mont · 2000 2 sentences 2004Hall v. Heckerman, 2000 MT 300, ¶ 15 , 302 Mont. 345, ¶ 15 , 15 P.3d 869, ¶ 15 . 2004Hall v. Heckerman, 2000 MT 300, ¶ 15 , 302 Mont. 345, ¶ 15 , 15 P.3d 869, ¶ 15 .	1	2004–2004
Safeco Insurance Co. of Illinois v. Montana Eighth Judicial District Court green mont · 2000 2 sentences 2004Dist., 2000 MT 153, ¶ 28 , 300 Mont. 123, ¶ 28 , 2 P.3d 834 , ¶ 28: Section 33-18-242(1), MCA, expressly provides that an UTPA claim against an insurer is an independent cause of action. 2004Dist., 2000 MT 153, ¶ 28 , 300 Mont. 123, ¶ 28 , 2 P.3d 834 , ¶ 28: Section 33-18-242(1), MCA, expressly provides that an UTPA claim against an insurer is an independent cause of action.	1	2004–2004

Statutes the citing opinions construe

MT § Mont. Code Ann. § 33-18-201 (10) MT § Mont. Code Ann. § 33-18-242 (8) MT § Mont. Code Ann. § 27-1-221 (4)

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.

Where else courts name it

ME 24 (1995–2020) SC 17 (1994–2025) OR 17 (1992–2025) MT 10 (2000–2022) WV 8 (2005–2026) AK 7 (2011–2025)

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.

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