In an action to recover insurance proceeds arising out of a car accident, the district court's award of attorney's fees to plaintiff under Montana law is affirmed where Montana law clearly held that insureds who were forced to sue their insurers to obtain their bargained-for insurance benefits were entitled to attorney's fees.
Argued and Submitted July 7, 2009
Filed December 10, 2009
Opinion by Judge Pregerson
Partial Concurrence and Partial Dissent by Judge Rymer