Joan Chubbuck, AKA Joan McWilliams v. Industrial Indemnity, a California Corporation

953 F.2d 1386 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Joan CHUBBUCK, aka Joan McWilliams, Plaintiff-Appellant, v. INDUSTRIAL INDEMNITY, a California corporation, Defendant-Appellee. No. 91-35091. United States Court of Appeals, Ninth Circuit. Submitted Dec. 5, 1991. * Decided Jan. 28, 1992. Before EUGENE A. WRIGHT, DAVID R. THOMPSON and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 This appeal presents the question whether, under Montana law, a plaintiff may maintain a third-party bad faith suit against an insurer premised upon actions of the insurer taken after judgment was rendered in favor of the plaintiff in the trial court. FACTS 3 The facts in the underlying case appear in McWilliams v. Clem, 743 P.2d 577 (Mont.1987). Industrial Indemnity represented a notary public who was found liable for negligently acknowledging plaintiff Joan Chubbuck's (McWilliams') signature upon a real estate deed. Chubbuck maintains that Industrial Indemnity acted in bad faith in…