Uninsured/Underinsured Motorist Complaint - Montana

MONTANA DISTRICT COURT COMPLAINT — UM OR UIM POLICY BENEFITS

[NUMBER] Judicial District Court, [COUNTY] County, Montana

Cause No.: [________________________________]

Complaint for Uninsured or Underinsured Motorist Benefits and Demand for Jury Trial

Plaintiff alleges as follows:

1. Parties and court

1. Plaintiff [FULL LEGAL NAME] resides in [COUNTY AND STATE]. Defendant [INSURER FULL LEGAL NAME] is an insurer with its principal address at [ADDRESS]. Defendant issued the policy described below to [NAMED INSURED] for a vehicle principally garaged at [ADDRESS].
2. This civil action is within the District Court's original jurisdiction under Mont. Code Ann. § 3-5-302(1)(b).
3. This Court has personal jurisdiction under Mont. R. Civ. P. 4(b)(1)(A) because Defendant issued or administered the policy as part of its Montana insurance business, as shown by [SPECIFIC FACTS].
4. Venue lies in [COUNTY] County under Mont. Code Ann. § 25-2-121(1)(a), (1)(b), or (2)(c), as applicable, because [DEFENDANT RESIDED HERE AT COMMENCEMENT / THE LOSS OCCURRED HERE / THE POLICY WAS TO BE PERFORMED HERE / PAYMENT WAS TO BE MADE HERE]. Supporting facts are [DESCRIBE].

2. Collision, policy, and coverage

5. On [__/__/____], Plaintiff was [DRIVER / PASSENGER / OTHER INSURED STATUS] in or near [LOCATION] when [DESCRIBE COLLISION]. The other motorist [DESCRIBE SPECIFIC NEGLIGENT ACT]. That failure to use ordinary care caused [DESCRIBE INJURIES AND DAMAGES]. Mont. Code Ann. § 27-1-701.
6. Defendant issued policy number [NUMBER], effective [START DATE] through [END DATE], to [NAMED INSURED]. Plaintiff is entitled to benefits under [IDENTIFY THE EXACT INSURING CLAUSE, ENDORSEMENT, AND BASIS FOR PLAINTIFF'S INSURED STATUS]. The applicable limit claimed is $[AMOUNT], subject to the policy and Mont. Code Ann. § 33-23-203 where applicable.
7. Select one and delete the other:

• ☐ UM: The other vehicle was uninsured for bodily-injury liability at the time of the accident because [STATE FACTS AND EVIDENCE]. The policy's UM coverage applies under [QUOTE OR ATTACH RELEVANT POLICY TERMS]. Mont. Code Ann. § 33-23-201 addresses UM coverage and the named insured's right to reject it. Plaintiff alleges [NO EFFECTIVE REJECTION / COVERAGE EXPRESSLY INCLUDED IN THIS POLICY], supported by [FACTS].
• ☐ UIM: The other vehicle had bodily-injury liability coverage of $[AMOUNT]. Plaintiff's provable loss is $[AMOUNT]. The policy's UIM endorsement provides benefits in these circumstances under [QUOTE OR ATTACH RELEVANT POLICY TERMS]. Plaintiff asserts coverage from those policy terms, subject to their applicable conditions.

8. Plaintiff complied with conditions applicable to this claim, including [DESCRIBE NOTICE, DOCUMENTS, CONSENT, SETTLEMENT, OR EXHAUSTION STEPS ACTUALLY REQUIRED BY THE POLICY], or performance was excused because [SPECIFIC FACTS].
9. Plaintiff requested payment of $[AMOUNT] on [__/__/____], with [DESCRIBE SUPPORTING MATERIALS]. Defendant declined or failed to pay the benefits due under the policy on [__/__/____], stating [REASON, IF ANY].

3. Claim for relief — policy benefits

10. Plaintiff incorporates paragraphs 1 through 9. Defendant's policy promised the UM or UIM benefits selected above. Plaintiff satisfied the applicable terms, and Defendant's failure to pay benefits due breached the policy. Plaintiff suffered [SPECIFY THE UNPAID BENEFITS AND ANY OTHER CONTRACT LOSS SUPPORTED BY THE POLICY].
11. If more than one policy or insured vehicle is involved, Plaintiff asks the Court to determine the applicable limit under the actual policy language and Mont. Code Ann. § 33-23-203, including the statute's conditions for adding or limiting coverage. Plaintiff does not assume that multiple premiums automatically permit or forbid aggregation.

4. Demand for relief

Plaintiff requests judgment for policy benefits proved due, interest and costs to the extent allowed, and further relief consistent with the policy and these allegations.

5. Jury demand

Under Mont. R. Civ. P. 38(b), Plaintiff demands a jury trial on every issue triable of right by a jury. Plaintiff will serve and file this written demand as Rule 38 requires.

Dated: [__/__/____]

___________________________________________

[ATTORNEY NAME], Montana Bar No. [________]

[LAW FIRM, IF ANY]

[ADDRESS]

[EMAIL]

[PHONE]

Attorney for Plaintiff