Roose v. Lincoln County Employee Group Health Plan

¶1 Employee Benefit Management Services, Inc. (EBMS) and Joint Powers Trust (JPT) appeal from the order of the Montana First Judicial District Court, Lewis and Clark County, granting Kent D. Roose’s (Roose) motion for class certification and declaratory judgment. We affirm.

PROCEDURAL AND FACTUAL HISTORY

¶2 On October 3,2007, Roose was severely injured in an automobile crash on Highway 93. The driver of the other vehicle, Steams, whose negligence is undisputed, was killed in the accident. Steams’ liability insurance carrier tendered the limit of its liability coverage, and his estate also paid…