Limitations Period: UEF actions.

Limitations Period: UEF Actions

UEF v. Hume [11/18/03] 2003 MTWCC 67 Under Uninsured Employers' Fund v. Gould, 2003 MTWCC 23, and Intermountain Deaconess Home v. State of Montana, 191 Mont. 309, 623 P.2d 1384 (1981), the limitations period for the UEF to file a petition for reimbursement from an uninsured employer was tolled by the UEF's Order Determining Liability of Uninsured Employer which issued prior to the running of the limitations period. While the 1989 statutes in effect when the claim arose provided different procedures for seeking indemnification from an uninsured employer, those differences are immaterial under Gould and Intermountain.

UEF v. Gould [3/21/03] 2003 MTWCC 23 Where the uninsured employer's obligation to reimburse the UEF under section 39-71-504, MCA, is a liability created by statute, but not for a penalty or forfeiture, the applicable statute of limitations is the two-year statute set out in section 27-2-211(1)(c), MCA (1995-2001).