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Ibsen v. Caring for Montanans, Inc.

Ibsen v. Caring for Montanans, Inc., 2016 MT 111 (May 11, 2016) (Cotter, J.) (6-0, aff’d)

Issue: (1) Whether the district court erred in holding that the UTPA does not create a private right of action, and (2) whether the district court erred in holding that Ibsen’s claims could not be maintained as common law claims.

Short Answer: (1) No, and (2) no.

Affirmed

Facts: Ibsen owns and operates the Urgent Care Plus clinic in Helena. He bought health insurance for clinic employees from Blue Cross and Blue Shield of Montana (BCBSMT) through a Chamber of Commerce program, “Chamber Choices.” In July 2013, Health Care Service Corporation bought BCBSMT’s health insurance business and BCBSMT changed its name to Caring for Montanans, Inc.…