Kenneth Hilliard and Marjorie Hilliard v. State Farm Automobile Insurance Company

Summary

The United States District Court for the District of Montana partially granted State Farm Automobile Insurance Company’s Rule 12(b)(6) motion in an action brought by Kenneth and Marjorie Hilliard. The court dismissed with prejudice the plaintiffs’ Montana Unfair Trade Practices Act claim as time-barred, while reserving its ruling on the claim for breach of the covenant of good faith and fair dealing.

Holdings

1. Count IV of Plaintiffs' Complaint, alleging a violation of Montana's Unfair Trade Practices Act, is dismissed with prejudice.
2. The court did not decide the motion to dismiss Count III and reserved its ruling.

Questions Presented

1. Whether Count IV, alleging a violation of Montana's Unfair Trade Practices Act, should be dismissed under Rule 12(b)(6) based on the applicable statute of limitations.
2. Whether the court should rule on the motion to dismiss Count III at the same time.

Disposition

other