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ALLSTATE INS. CO. v. REITLER

No. 80-261.

628 P.2d 667 (1981)

ALLSTATE INSURANCE COMPANY, a Corporation, Plaintiff and Respondent, v. Aurelia REITLER and Farmers Insurance Exchange, a Reciprocal Insurer, Defendant and Appellant.

Supreme Court of Montana.

Decided May 28, 1981.

Attorney(s) appearing for the Case

Crowley, Haughey, Hanson, Toole & Dietrich, Cynthia Ford argued, Billings, for defendant and appellant.

Fred N. Dugan argued, Billings, for plaintiff and respondent.

MORRISON, Justice.

Plaintiff, Allstate Insurance Company (Allstate) brought this action in the District Court asserting that it was entitled to subrogation to the extent of payments Allstate had made under a medical payments provision of an automobile policy. Defendants answered by alleging that such subrogation clauses are invalid. Both parties filed a motion for summary judgment. The District Court entered an order granting the plaintiff's motion for summary judgment...

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