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Victory Insurance Co., Inc. v. Montana State Fund

Victory Insurance Co., Inc. v. Montana State Fund, 2015 MT 82 (March 17, 2015) (Cotter, J.) (5-0, aff’d)

Issue: Whether the district court erred in dismissing Victory’s common law UTPA claim, and granting summary judgment to the State Fund on Victory’s claim for intentional interference with prospective economic advantage.

Short Answer: Yes, as Victory’s inability to establish damages is fatal to both claims.


Facts: Plaintiffs and defendants are competitors in the workers compensation industry. Victory is a Montana corporation in Miles City, and began operating in 2007. It sells work comp insurance directly to employers without using insurance agencies for sales or claims adjustment. Defendant State Fund sells work comp insurance though in-house and out-of-house agents. Defendants Liberty Northwest, Payne Financial Group, and Western States Insurance also sell work comp insurance, including State Fund policies.…