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The Reasonable Expectations Doctrine in Montana

By Greg Munro

Abstract

This article analyzes cases in Montana State and federal courts dealing with the reasonable expectations doctrine. A review of those decisions reveals that the doctrine is frequently invoked by counsel for insurance consumers and is readily applied by state and federal courts either to void a provision altogether or to resolve an ambiguity in a policy. Nevertheless, reasonable expectations in Montana reflect a lack of clarity about the doctrine resulting in conflicting court pronouncements. The article concludes with suggestions on how both counsel and the courts might achieve clarity and equitable results

Topics: reasonable expectations doctrine, ambiguity, unconscionability, Robert Keeton, Insurance Law
Publisher: The Scholarly Forum @ Montana Law
Year: 2008
OAI identifier: oai:scholarship.law.umt.edu:faculty_barjournals-1011
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