Penalties: Particularization

Charlson v. Montana State Fund [07/01/10] 2010 MTWCC 23  Because this Court requires only notice pleading, the Court’s scheduling order sets a deadline for filing a particularization of the grounds or basis for any penalty or attorney fees sought by a claimant.  The scheduling order also sets forth a procedure if the insurer finds the particularization inadequate.   Where Petitioner claimed attorney fees and a penalty in his petition for hearing, the Court denied Respondent’s motion to dismiss the claims for attorney fees and penalty in which Respondent argued the claims should be dismissed for lack of evidence. 

Lanes v. Montana State Fund [09/10/07] 2007 MTWCC 39 Petitioner failed to file with the Court a particularization of the grounds upon which he bases his request for a penalty as required by this Court’s Scheduling Order. Claimants must particularize the basis of any claim for a penalty no later than the time specified for final exchange of exhibits and witness lists, setting forth which actions or inactions of the insurer were unreasonable.