NO GOOD DEED GOES UNPUNISHED

Published: Aug. 5, 2022, 8:02 p.m.

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After Reaching a Settlement of multiple claims presented against her  insurer that was also the insurer of the third party, Connie Humes sued  for bad faith and violation of the Unfair Trade Practices Act (UTPA).  Humes appealed trial rulings by the trial court, excluding evidence of  certain settlement amounts paid by Farmers Insurance Group, in a trial  of her injury claims.  In Connie Humes v. Farmers Insurance Exchange and Mid-Century Insurance  Company, 2022 MT 148, No. DA 21-0422, Supreme Court of Montana (July 26,  2022) the Montana Supreme Court resolved the dispute.  THE ISSUE BEFORE THE MONTANA SUPREME COURT  Did the District Court abuse its discretion by excluding evidence of  settlement amounts paid in a global settlement of multiple claims by  Farmers Insurance Group in a subsequent trial of claims under the UTPA?  FACTUAL BACKGROUND  Barney Benkelman rear-ended Humes\' vehicle at a stoplight in Helena,  causing injury to Humes. Benkelman was covered by Farmers Insurance  Exchange (FIE) for bodily injury liability. Humes was insured by  Mid-Century Insurance Company (Mid-Century), including underinsured  motorist coverage (UIM) with a $250,000 limit, and medical payment  coverage (med-pay) with a $50,000 limit.

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