Klaudt v. Flink , 202 Mont. 247 ( 1983 )

MR. JUSTICE SHEA,

dissenting:

I join in the dissent of Mr. Justice Weber. I further agree with Mr. Justices Morrison and Weber that the claims of the third party should not be permitted to be joined with and tried with the action against the claimed tort feasor. By interpreting the statutes as permitting third party claims against insurance companies who insure an alleged tort feasor, we have ignored the plain wording of the Unfair Trade Practices chapter of the Montana Insurance Code. In resorting to the so-called rules of statutory construction to reach this result, the majority has further ignored and tortured the rules of statutory construction. The result is judicial legislation run rampant.