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HELTON v. RESERVE LIFE INSURANCE CO.

No. 75-17-GF.

399 F.Supp. 1322 (1975)

Judith A. HELTON, Guardian of the person and Estate of Ernest J. McKimm, an incompetent, and Judith A. Helton, Individually, Plaintiff, v. RESERVE LIFE INSURANCE CO., a corporation, Defendant.

United States District Court, D. Montana, Great Falls Division.

September 15, 1975.

Attorney(s) appearing for the Case

Hoyt & Bottomly, Great Falls, Mont., for plaintiff.

Cure, Borer & Lynch, Great Falls, Mont., for defendant.

OPINION AND ORDER

RUSSELL E. SMITH, Chief Judge.

The complaint in two counts seeks damages on account of defendant's refusal to pay benefits alleged to be due under a disability policy. The first count seeks actual and punitive damages for failure to pay a hospital bill. A motion to strike is directed to the claim for punitive damages. In Montana such damages may be awarded where the breach of the insurance contract is likewise a violation of the insurance...

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