Tenas v. Progressive Preferred Insurance

JUSTICE COTTER

concurs.

¶55 I concur in the result reached in this case, as I believe the analysis in which the Court engages comports with that applied in Modroo. I write separately to reassert my concerns-expressed in my dissent in Modroo-that the somewhat rote approach utilized in these cases fails to take into account the important legal principles and interests that Montana might have in applying its own law to a dispute before it, notwithstanding the parties’ expectations. However, as Modroo is now the law of the land, and the Court reaches the correct result thereunder, I concur.

JUSTICE NELSON joins in the Concurrence of JUSTICE COTTER.