Victory Ins. Co. v. Mont. State Fund

Docket NumberDA 14-0152
Decision Date17 March 2015

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11 cases
  • Talbot v. WMK-Davis, LLC
    • United States
    • Montana Supreme Court
    • October 4, 2016
    ...fact and that the movant is entitled to judgment as a matter of law.” M. R. Civ. P. 56(c)(3) ; Victory Ins. Co. v. Mont. State Fund , 2015 MT 82, ¶ 10, 378 Mont. 388, 344 P.3d 977 (internal citations omitted). “We will affirm the district court when it reaches the right result, even if it r......
  • Puryer v. HSBC Bank USA, Nat'l Ass'n
    • United States
    • Montana Supreme Court
    • May 18, 2018
    ...state a claim for which relief can be granted is a conclusion of law which we review for correctness. Victory Ins. Co. v. Mont. State Fund , 2015 MT 82, ¶ 11, 378 Mont. 388, 344 P.3d 977 (citations omitted).¶ 10 A motion to dismiss under M. R. Civ. P. 12(b)(6) has the effect of admitting al......
  • Peterman v. Republican Nat'l Comm.
    • United States
    • U.S. District Court — District of Montana
    • March 19, 2018
    ...without right or justifiable cause on the part of the actor; and (4) result in actual damages or loss." Victory Ins. Co. v. Montana State Fund , 378 Mont. 388, 344 P.3d 977, 980 (2015) (citing Maloney v. Home and Inv. Ctr., Inc. , 298 Mont. 213, 994 P.2d 1124, 1132 (2000) ). The Copyright A......
  • Ayala v. Stafford
    • United States
    • Montana Supreme Court
    • July 27, 2021
    ...ruling on a motion to dismiss de novo, applying the standards set forth in M. R. Civ. P. 12(b)(6). Victory Ins. Co. v. Mont. State Fund , 2015 MT 82, ¶ 11, 378 Mont. 388, 344 P.3d 977. We will affirm the dismissal of a complaint for failure to state a claim if "it appears beyond a doubt tha......
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