Kirk White v. State Fund

¶1 Kirk White appeals a judgment entered by the Montana Eighteenth Judicial District Court, Gallatin County, dismissing his complaint on the merits and ordering that judgment be entered in favor of the Montana State Fund. We affirm.

¶2 We consider the following issues on appeal:

¶3 1. Did the District Court err in granting the State Fund’s motion to dismiss White’s claims under Montana’s Insurance Code ?

*3¶4 2. Did the District Court err in granting the State Fund’s motion for summary judgment regarding White’s common law claims ?

PROCEDURAL AND FACTUAL BACKGROUND

¶5 Kirk White injured his shoulder…