Mitchell v. State Farm Insurance

Montana Supreme Court

Decided April 24, 2003

Montana Supreme Court · decided 2003-04-24

Relies on Hardy v. Progressive Specialty Insurance Co.

Good law ✅— No negative treatment on recordhow we know

Decided 2003-04-24

How this case has been cited

Cited by 65 later decisions — most recently April 2022 · most notably Modroo v. Nationwide Mutual Fire Insurance (2008), Tidyman's Manangement Services Inc. v. Davis (2014)

14 district · 46 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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JUSTICE RICE

¶1concurring in part and dissenting in part.

¶2¶45 I concur with the Court’s holding in Issue 1 and with the Court’s holdings in regard to the underinsured motorist definition and offset provision under Issue 2. For the reasons set forth in my concurring and dissenting opinion in Hardy v. Progressive Specialty Insurance Co., 2003 MT 85, 315 Mont. 107, 67 P.3d 892, I disagree with the Court’s discussion of the anti-stacking provision under Issue 2 and would affirm the District Court’s order as to that provision of the policy.

CHIEF JUSTICE GRAY joins in the concurring and dissenting opinion of JUSTICE RICE.