Alfson v. Allstate Property & Casualty Insurance, 2013 MT 326

Alfson was involved in a rear-end collision with McCoy on November 2, 2011.
Alfson sought advance payment of lost wages supported by letters from Wolfe and wages from Montana Rail Link.
Allstate requested medical records and tax returns; Alfson did not produce some information.
Alfson filed a declaratory action and moved for summary judgment in March 2012 without sworn affidavits.
Allstate moved for discovery and a Rule 35 examination; the court denied these and granted summary judgment in Alfson's favor on April 27, 2012.
The district court later reaffirmed the summary judgment, issued a declaratory judgment, and taxed costs against Allstate.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the district court err in granting Alfson summary judgment?	Alfson argued the letters and documents supported relief.	Allstate contended missing sworn evidence and improper reliance on unsworn letters.	Yes; reversed and remanded.

Disler v. Ford Motor Credit Co., 302 Mont. 391 (2000 MT 304) (authenticity required for exhibits on summary judgment)
Smith v. Burlington Northern & Santa Fe Ry., 344 Mont. 278 (2008 MT 225) (authenticated exhibits necessary for summary judgment evidence)
Hiebert v. Cascade County, 56 P.3d 848 (2002 MT 233) (authentication and admissibility of evidence in summary judgment)
In re Estate of Harmon, 360 Mont. 150 (2011 MT 84) (standard of review for declaratory judgments)
N. Cheyenne Tribe v. Roman Catholic Church, 368 Mont. 330 (2013 MT 24) (admissibility and authentication requirements in summary judgment)
Med. Marijuana Growers Ass’n v. Corrigan, 281 P.3d 210 (2012 MT 146) (correct framework for interpretive review in MT cases)