RIORDAN v. STATE FARM MUT. AUTO. INS. CO.

No. 08-35874.

589 F.3d 999 (2009)

William RIORDAN, Plaintiff-Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 10, 2009.


Attorney(s) appearing for the Case

Travis Dye, Kalkstein & Johnson, P.C., Missoula, MT, for the defendant-appellant.

Justin Starin, Tornabene & McKenna, PLLC, Missoula, MT, for the plaintiff-appellee.

Opinion by Judge PREGERSON; Partial Concurrence and Partial Dissent by Judge RYMER.


PREGERSON, Circuit Judge:

Under the American Rule, civil litigants are generally required to pay their own attorney fees. The state of Montana, however, recognizes an exception to the American Rule in the context of insurance disputes. We consider whether the claimant here, who was forced into litigation in order to recover the full benefit of his insurance contract, may recover attorney fees incurred as a result of that...

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