 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Ulrigg v. Jones12/5/1995
. State ex rel. Nawd's T.V. and App. Inc. v. District Court (1975), 168 Mont. 456, 459-60, 543 P.2d 1336, 1338 (citing United States v. Aetna Casualty & Surety Co. (1949), 338 U.S. 366, 70 S.Ct. 207, 94 L.Ed. 171). Obviously, that is not the situation in the instant case. There is nothing in the plain language of the rule nor in any authority cited by Jodie that supports her interpretation and the trial court's conclusion that, by reason of the rule, an insurance company can be sued directly by a third-party claimant in the place of the insured tortfeasor. Rule 17(a), M.R.Civ.P., is not a direct action statute, and we decline to stretch the plain language of the rule to hold that it is.
Finally, we need only briefly address Jodie's contention and the District Court's conclusion that the statute of limitations for bringing Safeco into the litigation has not expired, because the eight-year contract, rather than the three-year tort statute of limitation applies. As pointed out above in our discussion of this issue, Jodie established no basis under statute or in common law for her direct action against Safeco. Accordingly, it follows that any discussion of what statute of limitations applies is irrelevant. Discussion of which statute of limitations applies to a cause of action presupposes that the plaintiff has a cause of action against the defendant in the first place. Jodie has no direct cause of action against Safeco because she has not established any liability on the part of Safeco's insureds and because there is no applicable Montana statute or theory under which Jodie can sue Jack and Jacque's insurer, absent her first establishing the insureds' liability. Jodie has no contract with Safeco; she has pled no claim against Safeco for violation of the Unfair Trade Practices Act; and any liability on the part of Safeco for coverage of Jodie's claims derives solely from the underlying liability of Safeco's insureds — which Jodie has failed to establish.
We have reviewed Jodie's arguments and authorities, but none support her attempt to join Safeco in this case. Accordingly, we hold that the District Court erred in allowing the joinder of Safeco as a party defendant under the circumstances, here, and we reverse the order of the District Court granting Jodie's motion to add Safeco as a party to her lawsuit.
Affirmed as to Jodie's appeal; reversed as to Jack's cross-appeal.
CHIEF JUSTICE TURNAGE, JUSTICES TRIEWEILER, ERDMANN and LEAPHART concur.
|