Madden

MEMORANDUM **

George R. Madden sued Attorneys Liability Protection Society alleging a bad faith failure to settle his professional negligence claim against its insured. The district court granted summary judgment to defendant, and Madden appealed. After oral argument and a careful review of the record, we affirm.

I.

George R. Madden sued his former attorneys, Robert Prigge and Moulton Bell-ingham Longo & Mather (“MBL & M”), claiming that their conduct fell below the required standard of care while representing him in the purchase of a ranch in Montana. He alleged that MBL & M faded to inform him of the existence and scope of certain covenants and servitudes placed on the ranch by its previous owner, the Nature Conservancy, and that these restrictions reduced the value of that property. After several years of litigation and, ultimately, court-ordered mediation, Madden received a settlement of two million dollars. Thereafter, Madden sued his former attorneys’ malpractice carrier, Attorneys Liability Protection Society (“ALPS”), both at common law and pursuant to Montana’s Unfair Trade Practices Act, Mont.Code Ann. §§ 33-18-201 and 242 (2002) (“Section 201” and “Section 242”…