92-618, RCM (1915-1977)
Arneson
v. Travelers Property Casualty [02/28/06] 2006 MTWC 7 Where
Petitioner argued that prior to his filing a petition, Respondent failed
to pay medical benefits for which it was liable, and Respondent paid
the benefits after the petition was filed but prior to trial, Petitioner
cannot recover attorney fees under 92-618, RCM, because the statute
requires that there must be a controversy in the amount due, the judge
must adjudicate the controversy, and the judge must award more than
the insurer paid or offered to pay. |