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Dolores and Beverly (Ps) were injured when their car was struck by a car driven by an insured of the National Farmers Union Property and Casualty Company (D). Ps offered to settle for the total sum of $125,000.00. D rejected the offer. Ps retained an attorney and incurred approximately $43,500.00 in attorney fee and costs. P settled for the previously-demanded sum of $125,000.00. Ps brought this action claiming that D's delayed settlement constituted a violation of the Montana Unfair Trade Practices Act (UTPA). They sought recovery of their attorney fees. The District Court granted D's motion for summary judgment.

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