Anne Petrik v. Public Service Mutual Insurance Company

Anne Petrik appeals the district court’s dismissal for lack of personal jurisdiction of her action against Public Service Mutual Insurance Company. We affirm.

FACTS

Anne Petrik was treated in 1978 by Robert Colby, a New York dentist. In 1982, Petrik moved to Montana. In 1984, she developed an infection in her mouth which she claims was due to a file tip which Colby negligently left in her jaw. Petrik requested that Colby pay for damage caused by his negligence. Public Service Mutual, Colby’s insurance carrier, wrote to Petrik’s attorney, explained the procedure for filing a claim, and requested that further communications be directed to PSM rather than Colby. Petrik brought a Montana state court action against Colby. PSM retained counsel in Montana to defend Colby, and the action was dismissed for lack of personal jurisdiction.

Petrik appealed, and the dismissal was upheld by the Montana Supreme Court. During her appeal, Petrik continued to try to settle the claim against Colby with PSM. PSM indicated that it was continuing to investigate. Eventually, PSM wrote to Pe-trik indicating that it would pay no damages. Petrik also tried unsuccessfully to obtain New York counsel to…