Med Pay Subrogation - Yes
PIP Subrogation - No
Statute of Limitations
- Statute of Repose: Products N/A
- Statute of Repose: Real Property 10 years
- Breach of Contract (Written) 8 years
- Personal Property 2 years
- Personal Injury 3 years
- Warranty N/A
- Breach of Express Warranty 4 years
- Breach of Implied Warranty 3 years
Able to Pursue Owner
Sue Owner for Negligence – NO
Suspend Owner’s License – NO
Deductible Reimbursement
Deductible must be demanded and reimbursed before insurer can subrogate. Ferguson v. Safeco Ins. Co. of America, 180 P.3d 1164 (Mont. 2008).
Garnishment
YES
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)
Wage attachment allowed. There is no continuous garnishment for employees provided by the Montana Legislature. The wage exemption statute is identical to the Federal exemption statute and an execution writ is good for 60 days
Parental Responsibility
Minor (Under 18)
Dollar Limit on Parents’ Liability: $2,500
Liability imposed when child willfully or maliciously damages property (does not apply to damages done to businesses)
Subrogation by Landlord's Carrier against Tenant
NO