Minn. Stat. § 72A.19

Sherrie Ann Williams v. Midwest Bonding · 2025 1 citation

+ 1 more citation in this opinion.

Schermer v. State Farm Fire & Casualty Co. · 2005 1 citation

+ 1 more citation in this opinion.

American Casualty Co. of Reading v. Bank of Montana System · 1987 2 citations

As a threshold matter the Court must determine whether Minnesota or Montana law governs the conduct of American. As noted above, before resorting to a conflict of law analysis the Court must first determine that a conflict between the substantive law of the two forums in fact exists. Surgidev Corp. v. Eye Technology, Inc., 648 F.Supp. 661, 679 (D.Minn.1986), aff'd, 828 F.2d 452 (8th Cir.1987). Here an outcome determinative conflict exists because Minnesota neither permits a private cause of action under its Unfair Insurance Practices Act, Minn. Stat. §§ 72A.19, 72A.20 nor permits a bad faith tort action to be brought against an insurer for breach of an insurance policy whereas Montana law is precisely the opposite. Compare Morris v. American Mutual Insurance Co., 386 N.W.2d 233, 236 (Minn.1986) (no private cause of action under Minnesota Unfair Insurance Practices Act) and Morris v. American Employers Mutual Casualty Co. v. Kangas, 310 Minn. 171, 245 N.W.2d 873, 875 (1976) (Minnesota does not recognize a bad faith action in tort for breach of contract by an insurance company) with First Security Bank of Bozeman v. Goddard, 181 Mont. 407, 593 P.2d 1040, 1047 (1979) (recognizing private cause of action for violation of Montana Unfair Trade Practices Act) and Britton v. Farmers Insurance Group Truck Insurance Exchange, 721 P.2d 303, 306 (Mont.1986) (Montana law permits insured to maintain tort action for bad faith conduct by an insurer).

As a threshold matter the Court must determine whether Minnesota or Montana law governs the conduct of American. As noted above, before resorting to a conflict of law analysis the Court must first determine that a conflict between the substantive law of the two forums in fact exists. Surgidev Corp. v. Eye Technology, Inc., 648 F.Supp. 661, 679 (D.Minn.1986), aff'd, 828 F.2d 452 (8th Cir.1987). Here an outcome determinative conflict exists because Minnesota neither permits a private cause of action under its Unfair Insurance Practices Act, Minn. Stat. §§ 72A.19, 72A.20 nor permits a bad faith tort action to be brought against an insurer for breach of an insurance policy whereas Montana law is precisely the opposite. Compare Morris v. American Mutual Insurance Co., 386 N.W.2d 233, 236 (Minn.1986) (no private cause of action under Minnesota Unfair Insurance Practices Act) and Morris v. American Employers Mutual Casualty Co. v. Kangas, 310 Minn. 171, 245 N.W.2d 873, 875 (1976) (Minnesota does not recognize a bad faith action in tort for breach of contract by an insurance company) with First Security Bank of Bozeman v. Goddard, 181 Mont. 407, 593 P.2d 1040, 1047 (1979) (recognizing private cause of action for violation of Montana Unfair Trade Practices Act) and Britton v. Farmers Insurance Group Truck Insurance Exchange, 721 P.2d 303, 306 (Mont.1986) (Montana law permits insured to maintain tort action for bad faith conduct by an insurer).