Limitations Periods: Subrogation

Royal Ins. Co. v. Roadarmel, 2000 MT 259 An insurer's "first lien" under section 39-71-414(1), MCA (1985) is a liability created by statute governed by the two-year statute of limitations of section 27-2-211(1)(c), MCA. Given the "tight liability scheme" established by section 39-71-414, MCA, no valid contract arose between the insured and claimant regarding subrogation rights. Thus, the WCC erred in applying the longer statute of limitations applicable to contract claims.