Mlekush v. Farmers Insurance Exchange: Defining the Standard for the Insurance Exception to the American Rule

Authors

Molly Ricketts, Alexander Blewett III School of Law

Abstract

Under Montana law, does the insurance exception to the American Rule apply in disputes as to value of a claim when coverage is not at issue? Further, if the insurance exception does apply, what standard, if any, should be used to determine whether an insured was “forced” within the meaning of the insurance exception?

Recommended Citation

Molly Ricketts, Oral Argument Preview, Mlekush v. Farmers Insurance Exchange: Defining the Standard for the Insurance Exception to the American Rule, 78 Mont. L. Rev. Online 95, https://scholarship.law.umt.edu/mlr_online/vol78/iss1/10.