Ira A. Troyer v. Maryland Casualty Company, et al.

Date: 10-28-2025

Case Number: 9:24-cv-00147

Judge: Kathleen L. DeSoto

Court: United States District Court for the District of Montana (Missoula County)

Plaintiff's Attorney:

Defendant's Attorney:

Description: Missoula, Montana, insurance law lawyers represented the Plaintiff on a bad faith breach of insurance contract theory.

AI Overview
In Montana, an insurance company breaches the implied covenant of "good faith" by knowingly or recklessly failing to settle a claim or by acting with unfair or deceptive practices, such as misrepresenting policy provisions, unreasonably delaying a claim, or improperly denying a valid claim. Policyholders can sue for bad faith and may be awarded damages, including emotional distress, interest, and punitive damages.
What constitutes bad faith in Montana

Misrepresenting facts: Providing false or misleading information about policy terms or coverage.

Unreasonable denial or delay: Denying a claim without a proper investigation or delaying payment without a valid reason.
Failing to settle: Not making a prompt or fair settlement offer when liability is reasonably clear.
Improper investigation: Failing to conduct a reasonable and thorough investigation of a claim.
Failure to provide information: Not providing the policyholder with information on what they are entitled to claim.

Potential damages

Contractual damages: The original amount owed under the policy, plus interest calculated from the date the claim should have been paid.
Emotional distress: Compensation for emotional suffering caused by the insurer's actions.
Punitive damages: Damages intended to punish the insurer for particularly bad behavior, which can be substantial.

Statute of limitations

First-party claimants: Two years from the date of the violation.
Third-party claimants: One year from the date of the violation.

Outcome: Settled on undisclosed terms and dismissed.

Plaintiff's Experts:

Defendant's Experts:

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