stating issue as whether § 33-18-201, MCA, "confers a private cause of action" and holding that it affirmatively "create[d]" statutory duties to private parties the breach of which is "the basis for a civil action"
How later courts described this case
- stating issue as whether § 33-18-201, MCA, "confers a private cause of action" and holding that it affirmatively "create[d]" statutory duties to private parties the breach of which is "the basis for a civil action"
- stating issue as whether § 33-18-201, MCA, “confers a private cause of action” and holding that § 33-18-201, MCA, created duties to third-party claimants, a breach of which is “the basis for a civil action”
- stating issue as whether § 33-18-201, MCA, "confers a private cause of action" and holding that it "does create" duties to private parties, a breach of which is "the basis for a civil action"
- holding that a third-party claimant has a cause of action against a defendant's insurer for failure to settle
Written by the judges who cited it.
Later courts went against this
Overruled in part, on other grounds by Fode v. Farmers Insurance Exchange, 221 Mont. 282 (1986)
658 P.2d 1065, 1067 (1983) (recognizing implied private right of action for damages based on violations of § 33-18-201(6), MCA), overruled in part on other grounds by Fode v. Farmers Ins. Exch., 221 Mont. 282, 286-87 , 719 P.2d 414, 416-17
Superseded by statute, as recognized in O'Fallon v. Farmers Insurance Exchange
Co., 202 Mont. 247, 658 P.2d 1065, 1067 (1983) (holding that a third-party claimant has a cause of action against a defendant’s insurer for failure to settle), superseded by statute as stated in O’Fallon v. Farmers Ins. Exch., 260 Mont. 233, 859 P.2d 1008, 1014-15 (1993); Jenkins v. J.C.
The opinion
MR. JUSTICE SHEA,
dissenting:
I join in the dissent of Mr. Justice Weber. I further agree with Mr. Justices Morrison and Weber that the claims of the third party should not be permitted to be joined with and tried with the action against the claimed tort feasor. By interpreting the statutes as permitting third party claims against insurance companies who insure an alleged tort feasor, we have ignored the plain wording of the Unfair Trade Practices chapter of the Montana Insurance Code. In resorting to the so-called rules of statutory construction to reach this result, the majority has further ignored and tortured the rules of statutory construction. The result is judicial legislation run rampant.