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White v. Montana State Fund

White v. Montana State Fund, 2013 MT 187 (July 12, 2013) (4-1) (Baker, J., for the majority; Cotter, J., dissenting on one issue)

Issue: (1) Whether the district court erred in granting the State Fund’s motion to dismiss White’s claims under Montana’s insurance code; and (2) whether the district court erred in granting the State Fund’s motion for summary judgment regarding White’s common-law claims of bad faith, malicious prosecution, and emotional distress.

Short Answer: (1) No, as the State Fund is explicitly not covered by Title 33, and (2) no.

Affirmed

Feller v. First Interstate Bancsystem

Feller v. First Interstate Bancsystem, 2013 MT 90 (April 9, 2013) (5-0) (Cotter, J.)

Issue: (1) Whether the district court erred in granting summary judgment to the bank on the basis of preemption by the Fair Credit Reporting Act; (2) whether the district court erred in granting the bank summary judgment on Feller’s conversion claim; and (3) whether the district court erred in dismissing Fellers’ emotional distress claims.

Short Answer: (1) No; (2) no; and (3) no.

Affirmed