Marcott v. Louisiana Pacific Corp.

JUSTICE LEAPHART,

dissenting.

I dissent from the majority opinion. LP failed to make the “minimal investigation of a claim’s validity” as required by our holding in Lovell v. State Compensation Mutual Ins. Fund (1993), 260 Mont. 279, 288, 860 P.2d 95, 101. Under Lovell, denial of Marcott’s claim without making such a minimal investigation was unreasonable.