Giambra v. Travelers Indemnity Co.

Summary

The Montana Supreme Court affirmed summary judgment for Travelers in a declaratory judgment action concerning payment of a minor's medical expenses after a sledding accident. The Court held that genuine issues of material fact existed regarding negligence and liability, so the insured's liability was not reasonably clear and Travelers was not required under Ridley v. Guaranty National Insurance Co. to advance medical-expense payments.

Holdings

1. Summary judgment for Travelers was proper because genuine issues of material fact existed concerning whether Nicholas or Zadkiel was negligent and whether Nicholas was liable for the accident.
2. An insurer has no obligation under Ridley to advance an injured third party's medical expenses when genuine issues of material fact make the insured's liability not reasonably clear.

Questions Presented

1. Whether the district court erred in concluding that genuine issues of material fact existed concerning negligence and liability.
2. Whether Travelers was required under Montana law to advance payment of Zadkiel's medical expenses when the insured's liability was not reasonably clear.

Disposition

affirmed