White v. State of Montana, 2013 MT 187 The provisions of § 33-18-201, MCA, which define unfair claim settlement practices under the Montana Insurance Code, cannot be grafted onto a common-law bad faith claim, which is an actionable tort independent of the insurance code.  The Legislature has determined that the Montana Insurance Code should not apply to Montana State Fund, and the District Court correctly concluded the claimant’s complaint failed to state a claim against State Fund since there are no facts he could prove in support of his complaint that would entitle him to relief under the insurance code.