Montana Supreme Court June 10, 1983, 82-279 (St. Paul Fire & Marine Insurance v. Cumiskey)

Mr. Justice Sheehy,

concurring in part and dissenting in part:

I dissent from that portion of the foregoing opinion which affirms the District Court’s dismissal of Kevin Cumiskey’s bad-faith action against St. Paul Fire and Marine Insurance Company.

Under our recent spate of decisions on the point of bad faith, Kevin’s cause of action should have been submitted to the jury. See Klaudt v.