O'Fallon v. Farmers Insurance Exchange

Plaintiffs brought this action to recover damages based upon defendants’ alleged violation of § 33-18-201, MCA, and for malicious prosecution. The District Court dismissed both claims pursuant to Rule 12(b)(6), M.R.Civ.P., for failure to state a claim upon which relief can be granted. Plaintiffs appeal from the judgment entered pursuant to the District Court’s order of dismissal. We reverse the District Court.

The issues are:

1. Did the District Court err when it dismissed, with prejudice, plaintiffs’ claim for malicious prosecution?

2. Did the District Court err when it dismissed, with…