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·Title 2 GOVERNMENT STRUCTURE AND ADMINISTRATION·Ch. 18 STATE EMPLOYEE CLASSIFICATION, COMPENSATION, AND BENEFITS·Part 9 Subrogation -- Notice

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.

Montana § 2-18-902 (Notice -- Shared Costs Of Third-Party Action -- Limitation) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.