Legal Opinion · Concurrence

North Pacific Insurance v. Stucky

Montana Supreme Court

Decided November 13, 2014No. OP 14-0016Published

1ConcurrenceJustice Baker

¶39 I join the Court’s opinion and write to emphasize two points. First, loss of consortium claims spring from the common law, not from any statute, and exist to address interests beyond those the statutes on children and families are designed to protect. Second, there are significant legal and policy reasons to support extension of the common law to alow adult children to bring a claim for loss of consortium under appropriate circumstances.

¶40 The Dissent criticizes the Court for characterizing Montana law as part of a “national trend” of expanding circumstances under which a claim for loss…

2Cases cited10 opinions

  1. Reagan v. VaughnTexas Supreme Court · 1991
  2. Sunburst School District No. 2 v. Texaco, Inc.Montana Supreme Court · 2007
  3. Ueland v. Pengo Hydra-Pull Corp.Washington Supreme Court · 1984
  4. Theama v. City of KenoshaWisconsin Supreme Court · 1984
  5. Henricksen v. StateMontana Supreme Court · 2004

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