Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Rosendale v. Victory Insurance Co.

Supreme Court of Montana

December 11, 2018

MATTHEW M. ROSENDALE, Montana State Auditor, Plaintiff and Appellant,
v.
VICTORY INSURANCE COMPANY, Defendant and Appellee.

          Submitted on Briefs: September 19, 2018

          District Court of the Sixteenth Judicial District, In and For the County of Custer, Cause No. DV 18-18 Honorable Michael B. Hayworth, Presiding Judge.

          For Appellant: Benjamin C. Tiller, Special Assistant Attorney General, Office of the Commissioner of Securities and Insurance, Montana State Auditor, Helena, Montana

          For Appellee: Linda M. Deola, Morrison, Sherwood, Wilson & Deola, PLLP, Helena, Montana

          OPINION

          James Jeremiah Shea, Justice.

         ¶1 Appellant Matthew M. Rosendale (Commissioner) appeals the Order of the First Judicial District Court, Lewis and Clark County, granting Victory Insurance Company's (Victory) Motion to Change Venue. We address the following issue:

Whether the District Court erred in granting Victory's Motion to Change Venue on the basis that the venue provision in § 33-2-1118, MCA, controlled over the venue provision in § 25-2-124, MCA.

         ¶2 We affirm.

         PROCEDURAL AND FACTUAL BACKGROUND

         ¶3 Victory is a Montana workers' compensation insurance company with its principal office located in Custer County. Keith Brownfield is Victory's president and chief executive officer. The Judy Bretsch Trust (Trust) is a living trust formed under the laws of South Dakota and is a Victory shareholder.

         ¶4 On September 19, 2017, the Commissioner filed a Complaint in the First Judicial District Court, Lewis and Clark County, against Victory, Brownfield, and the Trust, seeking statutory fines and to enjoin Victory pursuant to alleged violations of Montana's Holding Company Act. The Commissioner argued venue was proper in Lewis and Clark County because the Commissioner sought statutory fines pursuant to § 25-2-124, MCA, and injunctive relief pursuant to § 33-2-1118, MCA.

         ¶5 On October 4, 2017, Victory filed a Motion to Change Venue. In its Motion, Victory argued § 33-2-1118, MCA, requires the injunction claim be filed in Custer County and necessitates a transfer of the entire action to Custer County. On February 28, 2018, the District Court granted Victory's Motion to Change Venue, holding that § 33-2-1118, MCA, controlled and that venue was proper in Custer County. The Commissioner appeals.

         STANDARD OF REVIEW

         ¶6 Whether a county is the proper venue for trial is an issue of law involving the application of the venue statutes to the pleaded facts. Farmers Union Ass'n v. Paquin, 2009 MT 305, ¶ 5, 352 Mont. 390, 217 P.3d 74. This Court's review of a district court's grant or denial of a motion for change of venue is ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.