Rosendale v. Victory Insurance Co.Annotate this Case
The Supreme Court affirmed the order of the district court granting Victory Insurance Company’s (Victory) motion to change venue, holding that the specific venue provision in Mont. Code Ann. 33-2-1118 controlled over the general venue provision in Mont. Code Ann. 25-2-124.
Appellant Matthew Rosendale filed a complaint against Victory, a Montana workers’ compensation insurance company with its principal office located in Custer County, Victory’s president, and a living trust formed under the laws of South Dakota and a Victory shareholder, seeking statutory fines and to enjoin Victory pursuant to alleged violations of Montana’s Holding Company Act. Appellant filed the complaint in the First Judicial District Court in Lewis and Clark County. Victory filed a motion to change venue to Custer County. The district court granted the motion on the basis that section 33-2-1118 controlled and that venue was proper in Custer County. The Supreme Court affirmed, holding that the district court correctly concluded that venue was proper in Custer County for all defendants.