Montana § 33-22-1602 Notice -- Shared Costs Of Third-Party Action -- Limitation

Montana Statutes

§ 33-22-1602 — Notice -- Shared Costs Of Third-Party Action -- Limitation

Montana § 33-22-1602

Title 33INSURANCE AND INSURANCE COMPANIES

Ch. 22DISABILITY INSURANCE

Part 16Subrogation -- Notice

This text of Montana § 33-22-1602 (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. § 33-22-1602 (2026).

Text

33-22-1602 . 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 33-22-1601 .

(4)The insurer's right of subrogation granted in 33-22-1601 may not be enforced until the injured insured has been fully compensated for the insured's injuries.

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33-22-1602 . 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 33-22-1601 .
(4) The insurer's right of subrogation granted in 33-22-1601 may not be enforced until the injured insured has been fully compensated for the insured's injuries.