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This article reviews the law regarding awards of attorney fees in cases against insurance companies by insurance consumers or third-party claimants as developed by the Montana Supreme Court. The article outlines the Court's significant remedial body of law that can be used to obtain attorney fees and costs in cases where civil litigation has been necessary to secure the insurance benefit. The article concludes that the continued development of the remedy of attorney fees in such cases will help resolve the problem of insurers denying claims based on the simple economics of saving money by failing to pay claims and that the powerful attorney fee remedy makes it possible to take on cases for insurance consumers that would otherwise lack financial viability.
Munro, Greg, "Obtaining Attorney Fees in Actions against Insurers" (2003). Faculty Journal Articles & Other Writings. 16.