Document Type

Article

Publication Date

2008

First Page

32

Issue

Summer

Source Publication Abbreviation

Tr. Trends

Abstract

This article analyzes cases in Montana State and federal courts dealing with the reasonable expectations doctrine. A review of those decisions reveals that the doctrine is frequently invoked by counsel for insurance consumers and is readily applied by state and federal courts either to void a provision altogether or to resolve an ambiguity in a policy. Nevertheless, reasonable expectations in Montana reflect a lack of clarity about the doctrine resulting in conflicting court pronouncements. The article concludes with suggestions on how both counsel and the courts might achieve clarity and equitable results.

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