Hart v. Mountain West Farm Bureau Mutual Insurance Company, CV 19-08-M-DWM. (2019)
Court: District Court, D. Montana
Number: infdco20191119579
Visitors: 11
Filed: Nov. 13, 2019
Latest Update: Nov. 13, 2019
Summary: ORDER DONALD W. MOLLOY , District Judge . Defendant Mountain West Farm Bureau Mutual Insurance Company ("Mountain West") has moved to dismiss Count III of Plaintiffs' First Amended Complaint, which alleges breach of the implied covenant of good faith and fair dealing. Montana's Unfair Trade Practices Act provides "[a]n insured who has suffered damages as a result of the handling of an insurance claim may bring an action against the insurer for breach of the insurance contract, for fraud, or
Summary: ORDER DONALD W. MOLLOY , District Judge . Defendant Mountain West Farm Bureau Mutual Insurance Company ("Mountain West") has moved to dismiss Count III of Plaintiffs' First Amended Complaint, which alleges breach of the implied covenant of good faith and fair dealing. Montana's Unfair Trade Practices Act provides "[a]n insured who has suffered damages as a result of the handling of an insurance claim may bring an action against the insurer for breach of the insurance contract, for fraud, or ..
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ORDER
DONALD W. MOLLOY, District Judge.
Defendant Mountain West Farm Bureau Mutual Insurance Company ("Mountain West") has moved to dismiss Count III of Plaintiffs' First Amended Complaint, which alleges breach of the implied covenant of good faith and fair dealing. Montana's Unfair Trade Practices Act provides "[a]n insured who has suffered damages as a result of the handling of an insurance claim may bring an action against the insurer for breach of the insurance contract, for fraud, or pursuant to this section, but not under any other theory or cause of action." Mont. Code Ann. § 33-18-242(3). Plaintiffs do not oppose Mountain West's motion, and intended to relinquish Count III in the pretrial process. Accordingly,
IT IS ORDERED that Mountain West's motion (Doc. 42) is GRANTED. Count III of the First Amended Complaint (Doc. 4) is DISMISSED.
Source: Leagle
