dissents as follows:
I respectfully dissent from the majority opinion. My basic disagreement relates to the majority’s interpretation of section 33-18-201(13), MCA. In substance I would hold that section does not give rise to an action in tort in the event of a failure to promptly settle a claim with an insured. Reference is made to my dissent in Klaudt v. Flink (1983), 202 Mont. 247, 658 P.2d 1065, 40 St.Rep. 64, and which case has Supreme Court No. 82-247.