Rodgers v. Mony Life Insurance Company

Summary

The Montana Supreme Court held that Thomas Rodgers's claims for cost-of-living adjustment benefits under a disability insurance policy were barred by the applicable statutes of limitation. The Court concluded that Rodgers should have discovered by no later than 1991 that he was not receiving COLA benefits, despite his allegation that a document deleting the COLA rider was forged. The Court affirmed summary judgment for MONY, reversed the denial of MONY's costs, and remanded for assessment of costs.

Holdings

1. The claims were time-barred because, no later than 1991, Rodgers knew or reasonably should have known that he was not receiving COLA benefits; the alleged concealment or forgery did not delay accrual under the applicable discovery exception.
2. A successful defendant is entitled to recover costs as a matter of course in an action for the recovery of money or damages under Montana Code § 25-10-102, even when the plaintiff did not recover more than $50.

Questions Presented

1. Whether the district court properly granted MONY summary judgment on Rodgers's COLA-related claims as barred by the statutes of limitations.
2. Whether MONY was entitled to recover its costs under Montana Code §§ 25-10-101 and 25-10-102 after obtaining judgment in its favor in an action for money or damages.

Disposition

reversed_and_remanded