Montana Lawyer Disqualified in Bad Faith Insurance Action

A Montana attorney can’t represent his client in the client’s suit against his insurer because the attorney represented him in the underlying claim, a federal district court ruled Oct. 7.

Attorney Gary Crowe is likely to be a necessary witness at Jay Timlick’s trial, “which means disqualification is warranted” and no exception to the state ethics rule applies here, Judge Kathleen L. DeSoto wrote for the U.S. District Court for the District of Montana.

After Timlick was rear-ended in his vehicle, he filed an underinsured motorist claim with his insurance company. After they settled, he sued the company for breach ...