Burton

MEMORANDUM *

Michael Burton appeals the district court’s August 28, 2002 order, which granted State Farm’s Federal Rule of Civil Procedure 12(b)(6) motion to dismiss Burton’s assigned first-party claims for bad *156 faith, 1 breach of fiduciary duty, negligence, and deceit, all of which claims were found to be preempted by Montana’s Unfair Trade Practices and Consumer Protection Act (“UTPA”). The district court also granted State Farm’s 12(b)(6) motion to dismiss Burton’s third party claims for common law bad faith and infliction of emotional distress, and his first-party claim under the UTPA because those claims were barred by the applicable statutes of limitations.

Burton also appeals the district court’s August 28, 2002 and December 19, 2002 orders, which respectively granted State Farm’s Federal Rule of Civil Procedure 56(c) motions for summary judgment on Burton’s assigned first-party breach of contract claim and his third party UTPA claim on the ground that there was insufficient evidence to raise a triable issue of fact that State Farm’s claims handling was unreasonable. Because there are triable issues of material fact as to whether the claims handling was unreasonable,…