Montana § 2-18-902 Notice -- Shared Costs Of Third-Party Action -- Limitation

Montana Statutes

§ 2-18-902 — Notice -- Shared Costs Of Third-Party Action -- Limitation

Montana § 2-18-902

Title 2GOVERNMENT STRUCTURE AND ADMINISTRATION

Ch. 18STATE EMPLOYEE CLASSIFICATION, COMPENSATION, AND BENEFITS

Part 9Subrogation -- Notice

This text of Montana § 2-18-902 (Notice -- Shared Costs Of Third-Party Action -- Limitation) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 2-18-902 (2026).

Text

2-18-902 . Notice -- shared costs of third-party action -- limitation.

(1)If an insured intends to institute an action for damages against a third party, the insured shall give the insurer reasonable notice of the intention to institute the action.

(2)The insured may request that the insurer pay a proportionate share of the reasonable costs of the third-party action, including attorney fees.

(3)An insurer may elect not to participate in the cost of the action. If an election is made, the insurer waives 50% of any subrogation rights granted to it by 2-18-901 .

(4)The insurer's right of subrogation granted in 2-18-901 may not be enforced until the injured insured has been fully compensated for the insured's injuries.

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2-18-902 . Notice -- shared costs of third-party action -- limitation. (1) If an insured intends to institute an action for damages against a third party, the insured shall give the insurer reasonable notice of the intention to institute the action.
(2) The insured may request that the insurer pay a proportionate share of the reasonable costs of the third-party action, including attorney fees.
(3) An insurer may elect not to participate in the cost of the action. If an election is made, the insurer waives 50% of any subrogation rights granted to it by 2-18-901 .
(4) The insurer's right of subrogation granted in 2-18-901 may not be enforced until the injured insured has been fully compensated for the insured's injuries.