In an action to recover insurance proceeds arising out of a car accident, the district court’s award of attorney’s fees to plaintiff under Montana law is affirmed where Montana law clearly held that insureds who were forced to sue their insurers to obtain their bargained-for insurance benefits were entitled to attorney’s fees.

Read Riordan v. State Farm Mut. Auto. Ins. Co., No. 08-35874

Appellate Information

Argued and Submitted July 7, 2009

Filed December 10, 2009

Judges

Opinion by Judge Pregerson

Partial Concurrence and Partial Dissent by Judge Rymer

Counsel

For Appellant:

Travis Dye, Kalkstein & Johnson, P.C., Missoula, MT

For Appellee:

Justin Starin, Tornabene & McKenna, PLLC, Missoula, MT

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