Asurion Svcs., LLC v. Mont. Insur. Guaranty Assoc., 2017 MT 140 (June 13, 2017) (Shea, J.; Sandefur, J., dissenting) (4-1, aff’d)
Issue: Whether the district court erred in granting SJ to Asurion based on work comp exclusivity.
Short Answer: No.
Facts: While employed by Asurion, Harris filed industrial injury claims for two different incidents, occurring on May 5, 2002, and September 4, 2002. Asurion was insured by Lumbermens Mutual Casualty Company as a Plan 2 employer. Lumbermens accepted and adjusted Harris’s workers’ compensation claims until it was declared insolvent in May 2013. When Lumbermens went into liquidation, the MIGA assumed handling of Harris’s claims pursuant to the Montana Insurance Guaranty Association Act (Guaranty Act), § 33-10-101, et seq., MCA.…