Legal Opinion · Dissent

Carter v. Mississippi Farm Bureau Casualty Insurance

Montana Supreme Court

Decided March 23, 2005No. 04-052Published

1DissentJustice Leaphart

¶31 I respectfully dissent.

¶32 The courts of Montana have personal jurisdiction over MFBCIC. The exercise of jurisdiction is consistent with both the Constitution and Montana’s long-arm statute, Rule 4(B)(1), M.R.Civ.P.

¶33 In discussing the issue of due process, the Court relies upon several cases that seek to distinguish (1) personal jurisdiction derived from an insurance contract’s indemnity policy from (2) (the absence of) personal jurisdiction derived from an insurance contract’s first-party coverage. Although the Court has non-binding precedent on its side, that is all it has. The cases…

2Cases cited1 opinion

  1. Parker v. Fireman's Ins. Co. of Newark, NJCourt of Appeals of South Carolina · 1988

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