TROUT v. BENNETT

No. 90-497.

830 P.2d 81 (1992)

James H. TROUT, Plaintiff and Appellant, v. Andrea BENNETT, as an individual and as State Auditor and Ex Officio Commissioner of Insurance; the State of Montana; the John Alden Life Insurance Co.; and the Phoenix Mutual Insurance Co., Defendants and Respondents.

Supreme Court of Montana.

Decided April 9, 1992.

Rehearing Denied May 7, 1992.


Attorney(s) appearing for the Case

James P. Reynolds, Reynolds, Motl, Sherwood and Wright, Helena, for plaintiff and appellant.

Michael J. Mulroney, Luxan & Murfitt; Richard E. Gillespie, Keller, Reynolds, Drake, Sternhagen & Johnson; Stephen M. Frankino, Hughes, Kellner, Sullivan & Alke, Helena, for defendants and respondents.


WEBER Justice.

James H. Trout (Trout), appeals the adverse judgment in his action as a licensed non-resident life insurance agent against Andrea Bennett, individually and as Commissioner of Insurance. The District Court for the First Judicial District, Lewis and Clark County, bifurcated the action into two parts. In the first portion the District Court held that Trout violated certain statutes, and fined him $250 for placing business with an insurance carrier before...

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