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Phillips v. General Motors Corp.3/7/2000
is case.
ISSUE THREE
74. Does Montana recognize a "public policy" exception that would require application of Montana law even where Montana's choice of law rules dictate application of the laws of another state, and would such an exception apply in this case?
75. For choice of law purposes, the public policy of a state is simply the rules, as expressed in its legislative enactments and judicial decisions, that it uses to decide controversies. See Casarotto, 268 Mont. at 375, 886 P.2d at 935; see also Rothwell v. Allstate Ins. Co., 1999 MT 50,
, 293 Mont. 393,
24, 976 P.2d 512,
24 (Gray, J., dissenting) ("It can-and should-be said that every statute duly enacted by the Legislature is an expression of public policy with regard to its subject matter."). The purpose of a choice of law rule is to resolve conflicts between competing policies. Considerations of public policy are expressly subsumed within the most significant relationship approach. See Restatement (Second) ยง 6(2)(b) and (c) (mandating consideration of the relevant policies of the forum state and other interested states). In order to determine which state has the more significant relationship, the public policies of all interested states must be considered. A "public policy" exception to the most significant relationship test would be redundant.
76. Accordingly, in answer to the questions certified, we adopt the Restatement (Second) of Conflict of Laws for tort actions. Under the analysis contained in the Restatement (Second), we conclude that given the facts as presented in the District Court's Order, the laws of Montana apply. Lastly, considerations of public policy are accounted for under the analysis contained in the Restatement (Second) of Conflict of Laws.
JIM REGNIER
We Concur:
J. A. TURNAGE WILLIAM E. HUNT, SR. KARLA M. GRAY W. WILLIAM LEAPHART JAMES C. NELSON TERRY N. TRIEWEILER
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