Asurion Services, LLC v. Montana Insurance Guaranty Ass'n

¶18 I dissent. The essential lynchpin of the Majority opinion is the conclusion that MIGA’s statutory claim for reimbursement of liability insurance proceeds paid to a work-comp claimant on behalf of an insolvent Plan 2 insurer is “essentially [a] third-party indemnity claim[]” against the employer in contravention of the exclusivity provision of § 39-71-411, MCA. Without consideration of the meaning of “indemnity” or the qualifying statutory reference to third-parties “from whom damages are sought on account of’ injury to an employee, the Majority’s conclusion erroneously stretches the…