69-11-426. Processing of claims for damage. (1) Carriers must acknowledge receipt of each claim within 30 days and promptly investigate each claim and either pay or decline the claim within 120 days from the date of receipt thereof or provide an explanation for the delay in disposition. An assertion that the claim is still being investigated shall not constitute sufficient explanation.
(2) In the event a claimant or a carrier successfully prosecutes or defends a claim for loss or damage under 69-11-421 through 69-11-426, wherein it is alleged the carrier has not disposed of the claim within 120 days or explained the delay and the claimant has inquired of the carrier regarding the delay, in writing, within the 120-day period, then the court exercising jurisdiction may, at its discretion, award reasonable attorney fees to the successful party, but not to exceed $500.
History: En. 8-812.1 by Sec. 1, Ch. 168, L. 1975; R.C.M. 1947, 8-812.1(part).
Structure Montana Code Annotated
Title 69. Public Utilities and Carriers
Chapter 11. Regulation of Carriers
69-11-401. General definitions
69-11-402. Relationship of carrier to consignor and consignee
69-11-403. Acceptance of freight
69-11-404. Delivery of freight
69-11-405. Procedure to terminate carrier's liability
69-11-406. Payment of freightage
69-11-407. Natural increase of freight
69-11-408. Apportionment of freightage by contract
69-11-409. Adjustment of freightage for change in time or place of delivery
69-11-410. Carrier's lien for freightage
69-11-411. Sale of perishable property for freightage
69-11-412. Division of joint rates among carriers
69-11-413. through 69-11-420 reserved
69-11-421. Liability of inland carriers for loss
69-11-422. Permissible limitations on liability
69-11-423. Meaning of delivering carrier
69-11-424. Examination of shipment
69-11-425. Period in which to file claims
69-11-426. Processing of claims for damage
69-11-427. Liability between carriers