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KEMP v. ALLSTATE INS. CO.

No. 14386.

601 P.2d 20 (1979)

Lucetta S. KEMP, Administratrix, Representative and Successor in Interest to Kim Karel Kemp, Deceased, Plaintiff and Respondent, v. ALLSTATE INSURANCE COMPANY, a corporation, and Mitchell A. Prim, Defendants and Appellants.

Supreme Court of Montana.

Decided August 1, 1979.

Rehearing Denied August 24, 1979.

Attorney(s) appearing for the Case

Henningsen, Purcell & Genzberger, P.C., Butte, Mark Vucurovich, argued and James E. Purcell, appeared, Butte, for defendants and appellants.

Poore Roth Robischon & Robinson, Butte, Urban Roth, argued and James P. Harrington, argued, Butte, for plaintiff and respondent.

SHEEHY, Justice.

Defendant Allstate Insurance Company appeals from a summary judgment entered in favor of the plaintiff in the District Court, Second Judicial District, Silver Bow County, applying Montana law to two insurance policies, one issued in New York and one issued in Vermont. The court "stacked" uninsured motorist coverages and construed other language in the policies to grant plaintiff a judgment of $200,000 against Allstate. Allstate contends that its liability...

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