Under Montana law, does the insurance exception to the American Rule apply in disputes as to value of a claim when coverage is not at issue? Further, if the insurance exception does apply, what standard, if any, should be used to determine whether an insured was “forced” within the meaning of the insurance exception?
Molly Ricketts, Oral Argument Preview, Mlekush v. Farmers Insurance Exchange: Defining the Standard for the Insurance Exception to the American Rule, 78 Mont. L. Rev. Online 95, https://scholarship.law.umt.edu/mlr_online/vol78/iss1/10.