# Transamerica Insurance v. Royle

> Montana Supreme Court · January 12, 1983 · 202 Mont. 173

URL: https://www.frixlaw.com/law-library/cases/9507713

## Case

- **Full name:** TRANSAMERICA INSURANCE CO., a Foreign Corporation, Plaintiff and Appellant v. WILLIAM D. ROYLE, as Conservator of Mary Kay Haines, a Protected Person; Byron D. Haines and Joyce Wilson Haines, Defendants and Respondents
- **Court:** Montana Supreme Court
- **Decided:** January 12, 1983
- **Citations:** 202 Mont. 173; 656 P.2d 820; 1983 Mont. LEXIS 599
- **Precedential status:** Published
- **Opinion:** Concurrence by Shea
- **Judges:** Harrison, Shea, Haswell, Daly, Sheehy, Weber, Langen
- **Cited by:** 82 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9507713

## How later opinions describe it (automated extraction)

- applying reasonable expectations doctrine to invalidate exclusion because automobile insurance policy was “adhesion contract”
- applying reasonable expectations doctrine to invalidate exclusion becausé automobile insurance policy was “adhesion contract”

## Opinion text

MR. JUSTICE SHEA,
specially concurring:
I join the majority on the issue of the “household exclusion” in the insurance policy. I would go another step, however, on the question of parental immunity and simply declare that this Court does not recognize the doctrine and if it is to be recognized, it is a question for the legislature, not for the courts.
The majority confines the abolition of parental immunity to “actions brought against a parent by a child under the age of emancipation injured in the operation of a motor vehicle.” But, as long as this Court has now refused to recognize this doctrine, we should not decide that possibly we may recognize it in another context than that which has been presented here. If parental immunity is to be recognized completely, or in any limited form, it seems to me that the legislature is the proper place to determine the circumstances in which it should or should not be so recognized. These are public policy questions better left to the legislature; we are ill-equipped to undertake that task.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9507713. Public record. Not legal advice.