Montana Statutes
§ 28-11-316 — Duty Of Person Indemnifying To Defend
Montana·Title 28 CONTRACTS AND OTHER OBLIGATIONS·Ch. 11 GUARANTY, INDEMNITY, AND SURETYSHIP·Part 3 Indemnity
28-11-316 . Duty of person indemnifying to defend. The person indemnifying is bound, on request of the person indemnified, to defend actions or proceedings brought against the person indemnified in respect to the matters embraced by the indemnity, but the person indemnified has the right to conduct defenses if the person indemnified chooses to do so. If, after request, the person indemnifying neglects to defend the person indemnified, a recovery against the person indemnified suffered by the person indemnified in good faith is conclusive in favor of the person indemnified against the person indemnifying.
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Legislative History
En. Sec. 3586, Civ. C. 1895; re-en. Sec. 5654, Rev. C. 1907; re-en. Sec. 8169, R.C.M. 1921; Cal. Civ. C. Sec. 2778; Field Civ. C. Sec. 1530; re-en. Sec. 8169, R.C.M. 1935; R.C.M. 1947, 30-307(4), (5); amd. Sec. 827, Ch. 56, L. 2009.
Nearby Sections
15
§ 28-11-101
Guaranty Defined§ 28-11-103
When Separate Consideration Required§ 28-11-104
Guaranty Generally To Be In Writing -- Form§ 28-11-107
When Guaranty Considered Unconditional§ 28-11-207
Through 28-11-210 Reserved