McVey v. USAA Casualty Insurance

¶1 Appellant Linda McVey, a/k/a Linda Pierce (McVey), appeals the decision of the Sixth Judicial District Court, Park County, that entered summary judgment in favor of Appellee USAA Casualty Insurance Company (USAA). We reverse and remand.

¶2 We address the following issues on appeal:

¶3 Whether McVey was qualified to bring a claim pursuant to §§33-18-201(4) and -242, MCA.

¶4 Whether the District Court properly granted summary judgment in favor of USAA regarding McVey’s claim for damages arising from emotional distress.

PROCEDURAL AND FACTUAL BACKGROUND

¶5 McVey was involved in a car accident with…