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 ActionsDirect ActionsEthical 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 and Contribution 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;…