Montana Health Network, Inc. v. Great Falls Orthopedic Associates, 2015 MT 186 (June 30, 2015) (Wheat, J.) (5-0, aff’d)
Issue: (1) Whether the Plan was ambiguous and therefore was properly interpreted against the drafter, MHN; and (2) whether GFOA is entitled to attorneys’ fees on appeal.
Short Answer: (1) Yes, and (2) yes.
Summary judgment for GFOA affirmed
Facts: Montana Health Network (MHN) was the sole drafter of a health plan and trust (the Plan), of which it was also the sponsor and trustee. Great Falls Orthopedic Associates (GFOA) and MHN executed an agreement under which GFOA adopted the Plan for purposes of obtaining coverage for its employees. MHN drafted the agreement, which by its terms incorporated the Plan.
The initial term was three years, with automatic two-year renewals.…