Youngblood v. American States Insurance

Plaintiffs Alfred Youngblood (Alfred) and Mary Ann Youngblood (Mary Ann) appeal an order of the First Judicial District Court, Lewis and Clark County, denying their motion for summary judgment and granting Defendant’s (American States) motion for summary judgment. We reverse.

The issues on appeal are as follows:

1. Is the choice oflawprovision in Alfred’s insurance policy, which allows American States to subrogate pursuant to Oregon law, enforceable?

2. Does the subrogation clause at issue violate Montana’s public policy?

American States issued an automobile liability insurance policy to Alfred…