Legal Opinion
High Country Paving, Inc. v. United Fire & Cas. Co.
District Court, D. Montana
Decided February 4, 2019No. CV 18–163–M–DLCPublishedCited by 2 opinions
1Opinion of the CourtDana L. Christensen, Chief Judge
Before the Court is the Motion to Dismiss Count II of Complaint (Doc. 2) filed by Defendant United Fire & Casualty Co. ("United Fire"). United Fire seeks to dismiss Count II of the Complaint filed by Plaintiff High Country Paving, Inc. ("High Country"). (Id. ) United Fire asserts that Count II, which alleges breach of the implied covenant of good faith and fair dealing, is barred by statute. (Doc. 3 at 4.) The Court construes United Fire's Motion as seeking dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6). For the following reasons, United Fire's Motion will be denied.
Rule…
2Cases cited14 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Jerry L. Branch, Valenna Branch, Colby Branch v. Dale L. Tunnell, Individually and as Special Agent of Bureau of Land Management, State of MontanaCourt of Appeals for the Ninth Circuit · 1994
- Smilecare Dental Group v. Delta Dental Plan of California, Inc.Court of Appeals for the Ninth Circuit · 1996
- Story v. City of BozemanMontana Supreme Court · 1990
- Ridley v. Guaranty National InsuranceMontana Supreme Court · 1997
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3Cited by2 opinions
- High Country Paving, Inc. v. United Fire & Casualty CompanyCourt of Appeals for the Ninth Circuit · 2021
- Brodowy v. Progressive Direct Insurance CompanyDistrict Court, D. Montana · 2023