JOHN STOWE and KATHARINE STOWE, Plaintiffs, and TUDOR INSURANCE COMPANY, as subrogee of JOHN AND KATHARINE STOWE, Intervening Plaintiff, v. BIG SKY VACATION RENTALS, INC., Defendant.BIG SKY VACATION RENTALS, INC., Third-Party Plaintiff and Appellee, v. POINTCENTRAL, LLC., Third-Party Defendant and Appellant., 2019 MT 288

Summary

HOLDINGS: [1]-It was error not to dismiss appellee licensee's third-party indemnification and contribution claim against appellant licensor by holding their arbitration agreement lacked mutuality, or for equitable unconscionability, because the licensor's exceptions only related to the fact that the parties were not similarly situated and did not make the agreement illusory, lacking mutual consideration, or adhesive; [2]-The agreement did not violate Mont. Code Ann. § 27-1-703 by barring the licensor's joinder in an underlying negligence suit because the underlying plaintiffs' recovery did not depend on joining the licensor, and the agreement merely substituted arbitration as the means to determine the licensee's right to contribution, and Mont. Code Ann. § 27-1-703 was violated only to the limited extent of altering the procedure to obtain contribution.