39-71-416, MCA

MONTANA SUPREME COURT DECISIONS

[1995] Connery v. Liberty Northwest Ins. Corp., 1998 MT 125 Supreme Court affirms WCC conclusion that section 39-71-416, MCA (1995) because that statute, which authorizes an insurer to reduce benefits by up to 30% when a claimant recovers against a third-party tortfeasor, violates the full redress provision of Article II, section 16 of the Montana Constitution.

 
WORKERS' COMPENSATION COURT DECISIONS
[1995] Connery v. Liberty Northwest Ins. Corp. [9/4/97] 1997 MTWCC 54 An insurer is not allowed to reduce benefits under section 39-71-416, MCA (1995) because that statute, which authorizes an insurer to reduce benefits by up to 30% when a claimant recovers against a third-party tortfeasor, violates the full redress provision of Article II, section 16 of the Montana Constitution. [ Note: affirmed in Connery v. Liberty Northwest Ins. Corp., 1998 MT 125.]