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Full-Text Articles in Insurance Law
Obtaining Attorney Fees In Actions Against Insurers, Greg Munro
Obtaining Attorney Fees In Actions Against Insurers, Greg Munro
Faculty Journal Articles & Other Writings
This article reviews the law regarding awards of attorney fees in cases against insurance companies by insurance consumers or third-party claimants as developed by the Montana Supreme Court. The article outlines the Court's significant remedial body of law that can be used to obtain attorney fees and costs in cases where civil litigation has been necessary to secure the insurance benefit. The article concludes that the continued development of the remedy of attorney fees in such cases will help resolve the problem of insurers denying claims based on the simple economics of saving money by failing to pay claims and …
Exposing "Illusory" Underinsured Motorist Coverage, Greg Munro
Exposing "Illusory" Underinsured Motorist Coverage, Greg Munro
Faculty Journal Articles & Other Writings
This article addresses auto insurers that use the "narrow" Underinsured Motorist Vehicle definition and couples it with a "reducing clause." The article discusses the conflict between what the declarations page promises and the UIM benefit the policy will actually pay and argues that the definition and reducing clause violate the consumer's expectations and defeat the very purpose of UIM coverage causing an injustice to the insured who has been prudent enough to purchase UIM coverage to guard against the tortfeasor who carries minimum limits. The article urges attorneys to persuade the courts in Montana to invalidate the narrow definition and …
Obtaining Separate Limits Of Auto Coverage For Each "Occurrence" Or "Accident", Greg Munro
Obtaining Separate Limits Of Auto Coverage For Each "Occurrence" Or "Accident", Greg Munro
Faculty Journal Articles & Other Writings
This article examines the issue of what constitutes an "accident" or "occurrence" in auto liability policies that limit the insurer's liability for indemnity, defense, or other benefits to a set amount per "accident" or "occurrence." The article reviews a selection of cases from other jurisdictions because there is little Montana law delineating single "accidents" or "occurrences" for purposes of auto insurance. The article concludes with a list of factors that may be determinative and should be argued on the issue of whether there are multiple "accidents" or "occurrences" for purposes of triggering additional limits of auto insurance coverage.