No Fault |
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No Fault

No Fault

Preliminary research indicates that Montana does not have case or statutory law addressing no fault insurance coverage.

Inter-family Immunity

In Montana, household exclusion clauses are unenforceable.  American Family Mutual v. Livengood, 1998 MT 329; 970 P.2d 1054 (1998), distinguishin Transamerica v. Royal, 202 Mont. 173, 656 P.2d 820 (1983). As a result, insurance coverage is available for a child who sues his parents for torts arising out of the operation of a motor vehicle. See Royal.  Montana has also abolished the defense of inter spousal immunity.  Miller v. Fallon County, 222 Mont. 214, 721 P.2d 342 (1986).

Offer of Judgment

At any time more than 10 days before trial a party defending against a claim may make an offer of judgment.  Mont. Rule. of Civ. P., Rule 68.  If an offer is not accepted and judgment is subsequently entered against the offeree that is not as favorable as the offer, the offeree must pay costs incurred after the making of the offer.

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