Elk Mountain Motor Sports, Inc. v. Montana Department of Labor & Industry, Uninsured Employers' Fund

¶1 The Uninsured Employer’s Fund (the Fund) appeals an order from the First Judicial District, Lewis & Clark County, determining that the Fund had breached a contract with Elk Mountain Motor Sports (Elk Mountain). The Fund also appeals an order requiring it to pay damages. We affirm.

¶2 The Fund raises the following issues:

¶3 Did the District Court properly determine that Elk Mountain was entitled to summary judgment on the question of whether the Fund had breached the payment plan agreement?

¶4 Did the District Court properly determine that Elk Mountain could receive consequential damages for…