Peterson v. St. Paul Fire & Marine Insurance

¶1 Lon Peterson (Peterson) appeals from a jury verdict in the Eighth Judicial District Court. The jury determined that defendant St. Paul Fire & Marine Insurance Company (St. Paul) did not violate the Montana Unfair Trade Practices Act (UTPA), Title 33, chapter 18, MCA, as alleged by Peterson. We reverse the jury’s verdict and remand for a new trial in a manner consistent with this Opinion.

FACTUAL AND PROCEDURAL BACKGROUND

¶2 In June 2004, Peterson was involved in a head-on automobile accident with St. Paul’s insured Michael Lindberg (Lindberg). The accident occurred on a dirt road in Glacier…