INSURANCE BAD FAITH DEMAND LETTER – MONTANA
To: [Insurance Company Name, Claims Department Address]
From: [Insured/Claimant Name, via Counsel if applicable]
Date: [DATE]
Claim Number: [CLAIM NUMBER]
Policy Number: [POLICY NUMBER]
Insured: [INSURED NAME]
Date of Loss: [DATE OF LOSS]
Claim Type: [First-Party / UM-UIM / Property]
1. INTRODUCTION
This letter demands immediate payment. Insurer's conduct violates Montana's Unfair Trade Practices Act.
2. FACTUAL BACKGROUND
- Date of Loss: [DATE] — [describe loss]
- Coverage: [$LIMITS]
- Status: [Unpaid / Underpaid / Denied]
3. LEGAL BASIS – MONTANA BAD FAITH
Unfair Trade Practices Act (Mont. Code Ann. § 33-18-201)
Montana provides a private right of action for unfair claims settlement practices, including:
- Misrepresenting policy provisions;
- Failing to acknowledge claims promptly;
- Failing to adopt reasonable standards for investigation;
- Refusing to pay claims without reasonable investigation;
- Not attempting good faith settlement when liability is clear.
Remedies (Mont. Code Ann. § 33-18-242)
- Actual damages;
- Reasonable attorney's fees;
- Punitive damages for egregious conduct.
4. DAMAGES
- Policy benefits: [$AMOUNT]
- Actual damages from delay/denial
- Attorney's fees under § 33-18-242
- Punitive damages
5. DEADLINE
Payment due by: [DATE – 30 days]
Signed:
[Name / Attorney]
[Contact Information]