MONTANA GUIDE 12

Montana Third-Party Failure to Settle & Excess Exposure

When liability is reasonably clear and damages may exceed available limits, settlement handling can affect both the insured and the insurer. The record should preserve demands, deadlines, supporting documentation, insurer responses, and any unresolved coverage questions.

  • Identify all applicable primary and excess limits before evaluating exposure.
  • State settlement terms and deadlines clearly.
  • Document the evidence supporting liability and damages.
  • Preserve insurer communications and reasons given for accepting, rejecting, or delaying a demand.

Excess-exposure questions are highly fact-dependent and should be evaluated under current Montana authority governing insurer settlement duties and the rights of the insured.

Migration source: VictimsGuide Montana excess-exposure guide. Verify current Montana law and official authority before reliance.