Peris v. Safeco Insurance

The United States Court of Appeals for the Ninth Circuit has certified two questions to this Court herein, pursuant to Rule 44, M.R.App.P. The certified questions concern the effect, under Montana law, of certain terms of a motor vehicle insurance policy. Our answer to the first question is “yes” and to the second, “no.”

The certified questions are:

1. Is an insured entitled to maintain a cause of action under §§ 33-18-201 and -242, MCA, for the insurance company’s breach of its statutory obligation prior to either an adjudication of the underlying claim of the third party against the insured,…