ALPS Prop. & Cas. Ins. Co. v. McLean & McLean, PLLP

¶ 43 The Court overturns 50 years of Montana judicial precedent, holds contrary to uniform national jurisprudence, adopts a position argued by no party, and for which it cites no supportive authority, to conclude that § 33-15-403, MCA, does not provide for rescission of an insurance contract. Further, the Court's opinion erroneously denies ALPS their common law and statutory right to rescind. I dissent.

*663¶ 44 I compliment the District Court on its lengthy and scholarly analysis of the issue of insurance contract rescission, which I am grateful to draw upon here. The District Court discussed at…