Sampson v. National Farmers Union Property and Casualty Co.

144 P.3d 797 (2006)

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Sampson v. National Farmers Union Property and Casualty Co.

Montana Supreme Court
144 P.3d 797 (2006)

SC

Facts

Sampson and Cybulski (plaintiffs) were injured in a car accident caused by Milo Langberg. Langberg was insured by National Farmers Union (NFU) (defendant). Sampson and Cybulski, working with a pro-bono attorney, offered to settle their claims for $125,000. NFU declined. At this point, Sampson and Cybulski hired a personal-injury attorney. Over a year later, NFU settled the claim for $125,000. Sampson and Cybulski had incurred approximately $43,500 in attorneys’ fees. Sampson and Cybulski sued NFU to recover their attorneys’ fees. Sampson and Cybulski based the suit on Montana’s Unfair Trade Practices Act (UTPA), which provided for the recovery of damages resulting from bad-faith settlement practices. Specifically, Sampson and Cybulski alleged that they hired an attorney only due to NFU’s bad-faith settlement practices. The district court granted NFU’s motion for summary judgment. Sampson and Cybulski appealed.

Rule of Law

Issue

Holding and Reasoning (Cotter, J.)

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