Attorney Fees: Declaratory Judgment

Thompson v. State of Montana and Liberty Northwest Ins. Corp. and Montana State Fund [04/28/06] 2006 MTWCC 19 Although § 39-71-2905, MCA, states that the penalties and assessments allowed against an insurer under chapter 71 are the exclusive penalties and assessments that can be assessed by the WCC against an insurer for disputes arising under chapter 71, when the respondent in a declaratory judgment action is not an insurer, the WCC is not constrained to the penalties and assessments allowed against insurers under chapter 71.
Thompson v. State of Montana and Liberty Northwest Ins. Corp. and Montana State Fund [04/28/06] 2006 MTWCC 19 While denying motion for reconsideration, WCC confirmed that as this Court had issued a declaratory judgment as permitted by the UDJA, the Court could likewise award attorney fees as permitted by the PAG doctrine under the UDJA.

Liberty Mutual Fire Ins. v. Warner [3/9/04] 2004 MTWCC 24 Assuming the Declaratory Judgment Act applies to declaratory judgment actions in the Workers' Compensation Court, the claimant is not entitled to attorney fees where he has received all that he is entitled to and the insurer prevailed on the critical issues in dispute.