Montana
Susan Dow v. Safeco Insurance Company of America.
Year: 2024
Court: United States Court of Appeals for the Ninth Circuit
Case Number: 23-2641
Issue:
  • Actual Cash Value
State:
  • Montana

In its amicus brief, United Policyholders addresses the critical distinction between Actual Cash Value (ACV) and Replacement Cost Value (RCV) in property insurance policies, and the rightful entitlement of policyholders to a receive full ACV payment as the minimum “floor,” irrespective of subsequent repair costs…
Hardy vs. Progressive Speciality Insurance Company
Year: 2002
Court: Montana Supreme Court
Case Number: 02-448
Issue:
  • Stacking
State:
  • Montana

Prohibiting stacking for policyholders who pay multiple premiums is not rationally related to making insurance affordable.
Robert Jacobsen v. Allstate Insurance Company
Year: 2011
Court: Montana Supreme Court
Case Number: DA 12-0130
Issue:
  • Class Actions
  • Direct Actions
  • Ethical Claims Conduct
State:
  • Montana

UP filed an amicus brief in support of a Montana law that allows third parties injured in automobile accidents to bring direct claims against insurance companies who fail to ethically handle claims asserted by those third parties against their insureds. Allowing third parties to bring…
Tidyman’s Management Services v. Davis et al.
Year: 2013
Court: Montana Supreme Court
Case Number: DA 12-0228
Issue:
  • Duty to Defend
State:
  • Montana

Under Montana law, if a carrier refuses to defend under a reservation of rights, it does so at its own peril and is liable for all damages resulting from an unjustified breach of the duty to defend. UP argued in it’s brief that when a…
National Indemnity Co. v. State of Montana
Year: 2020
Court: Supreme Court of the State of Montana
Case Number: 19-0533
Issue:
  • Allocation
State:
  • Montana

In its brief, UP argues that the District Court correctly held that NIC owes the State a complete defense and indemnity for long-tail asbestos claims under the “all sums” language in its insurance policy. That holding is consistent not only with the insurance policy language;…