Extracontractural / Bad Faith

Bad faith claims are some of the most serious claims that can be brought against an insurance company. Not only do such claims bring into question an insurance company’s claims handling process, those same claims can result in thousands if not millions of dollars in extracontractual exposure for the company. This is especially the case in a state such as Montana that recognizes claims for both first- and third-party bad faith.

When representing or advising insurers, the attorneys at MDS take every opportunity to attempt to encourage strategy that will minimize the possibility of bad faith claims being brought against them. We vigorously defend any bad faith claims if, and when, they are alleged.

Bad faith claims in Montana typically range from an insurer’s erroneous denial of coverage to an insurer’s alleged failure to settle a claim for a reasonable amount or within policy limits. Bad faith claims in Montana also arise in circumstances where insurers who are unaware of our unique laws fail to adjust their claims in accordance with our statutory and common law requirements (for example, failing to advance pay medical expenses to an injured plaintiff in a situation where liability is “reasonably clear”). Through detailed claims analysis and consultation, we help our clients try to avoid bad faith claims. If a bad faith claim is ultimately asserted against our clients, we take an aggressive and proactive approach to defending such claims.


Brad Condra  email

Patrick HagEstad  email

Tim Dailey  email

Lon Dale  email

Mike Milodragovich  email