Brilz

MEMORANDUM ***

Candice Brilz appeals from the district court’s order denying her partial summary judgment and granting summary judgment to Metlife. We affirm.

The district court did not err when it found Brilz’ claim time-barred. Brilz was injured in a 1998 car accident involving a driver insured by MetLife. On January 8, 2001, Metlife offered $25,000 in satisfaction of Brilz’ claims against Met-life’s insured. On February 2, 2001, Brilz’ attorney unconditionally accepted this offer. Under Montana law, a settlement agreement is valid and enforceable where the elements of a contract — offer, acceptance, and consideration — are present. See, e.g., Hetherington v. Ford Motor Company, 257 Mont. 395 , 849 P.2d 1039, 1042 (1993). Though Brilz argues this agreement did not resolve her underlying claim, the district court properly held that the settlement started the clock for Brilz to file a claim under Montana’s Unfair Trade Practices Act (“UTPA”). The UTPA mandates that an action by a third-party claimant must be commenced “with *460 in 1 year from the date of the settlement of ... the underlying claim.” M.C.A. § 33-18-242(7)(b). When Brilz filed her third-party suit against Metlife…