SAMPSON V. NATIONAL FARMERS UNION PROPERTY AND CASUALTY COMPANY
333 Mont. 541, 144 P.3d 797 (2006)
NATURE OF THE CASE: Sampson (P) appealed a grant of summary judgment to National (D).
FACTS: Dolores and Beverly (Ps) were injured when their car was struck by a car driven by
an insured of the National Farmers Union Property and Casualty Company (D). Ps offered to
settle for the total sum of $125,000.00. D rejected the offer. Ps retained an attorney and
incurred approximately $43,500.00 in attorney fee and costs. P settled for the
previously-demanded sum of $125,000.00. Ps brought this action claiming that D's delayed
settlement constituted a violation of the Montana Unfair Trade Practices Act (UTPA). They
sought recovery of their attorney fees. The District Court granted D's motion for summary
judgment.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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