Montana § 2-18-902 - Notice -- Shared Costs Of Third-Party Action -- Limitation

§ 2-18-902. Notice -- Shared Costs Of Third-Party Action -- Limitation

Notice -- shared costs of third-party action -- limitation. (1) If an insured intends to institute an action for damages against a third party, the insured shall give the insurer reasonable notice of the intention to institute the action. (2) The insured may request that the insurer pay a proportionate share of the reasonable costs of the third-party action, including attorney fees. (3) An insurer may elect not to participate in the cost of the action. If an election is made, the insurer waives 50% of any subrogation rights granted to it by 2-18-901 . (4) The insurer's right of subrogation granted in 2-18-901 may not be enforced until the injured insured has been fully compensated for the insured's injuries.