Burgett

MEMORANDUM **

Tammy Burgett appeals from a directed verdict in favor of Safeco National Insurance Company (“Safeco”) during a jury trial before the Honorable Donald W. Molloy. Burgett claims that Safeco violated Montana’s Unfair Trade Practices Act, Montana Code Annotated §§ 33-18-201(6), and 33-18-201(13), by requesting that she sign an advance pay agreement prior to the payment of her medical expenses. Burgett also appeals the district court’s *256 denial of her Motion for Class Certification. Finally, Burgett requests that certain questions be certified for referral to the Montana Supreme Court. We affirm the district court’s decision with regard to denial of Burgett’s Motion for Class Certification, but reverse the district court’s directed verdict regarding Burgett’s claim under Mont.Code Ann. § 33-18-201(6), and 33-18-201(13), and remand for a determination of Burgett’s individual damages. We affirm the district court’s directed verdict regarding Burgett’s punitive damages claim, and deny her request to refer certain questions to the Montana Supreme Court.

This action stems from an automobile accident that occurred on October 14,1997, when Alice Gilbert, a Safeco insured,…