Insurance Law Commons^™

The Constitutional Attack On Montana's Anti-Stacking Statute, Greg Munro

Faculty Journal Articles & Other Writings

This article presents MTLA member Randy Bishop's amicus curiae arguments that challenge the validity of the Montana anti-stacking statute under four provisions of the Montana Constitution. The argument was written in support of the plaintiff in Hardy v. Progressive Specialty Insurance Company.

The Case Against Montana's Anti-Stacking Statute, Greg Munro

Faculty Journal Articles & Other Writings

This article begins by noting that the 1997 anti-stacking statute is the number one problem faced by plaintiff's' counsel in Montana in attempting to secure adequate compensation for clients' injuries arising out of the operation of automobiles. The article charges that the brutal economics of the 1997 anti-stacking statute, which prohibits consumers from obtaining the benefit of multiple coverages for which they paid while allowing insurers a windfall by permitting them to collect multiple and ever increasing premiums for no coverage, has compelled attorneys to attack the statute.

The article presents a status report of a compendium of "stacking" cases …