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TRANSAMERICA INS. CO. v. ROYLE

No. 82-187.

656 P.2d 820 (1983)

TRANSAMERICA INSURANCE CO., a foreign corporation, Plaintiff and Appellant, v. William D. ROYLE, as Conservator of Mary Kay Haines, a Protected Person; Byron D. Haines and Joyce Wilson Haines, Defendants and Respondents.

Supreme Court of Montana.

Decided January 12, 1983.

Attorney(s) appearing for the Case

Keefer, Roybal, Hanson, Stacey & Jarussi, Gene Jarussi, argued, Billings, for plaintiff and appellant.

Christian, McCurdy & Wold, Douglas Wold, argued, and Jean Turnage, argued, Polson, for defendants and respondents.

Tim D. Hall, argued, Billings, for amicus curiae.

HARRISON, Justice.

This case comes from the Federal District Court by way of certification pursuant to Rule 1 of the rules of this Court. At issue is an insurance company's obligation to defend or provide coverage for parents who are being sued by their daughter.

Judge Russell Smith has certified the following two issues:

1. "Is the `household exclusion' in a policy [of auto insurance], not certified under the Motor Vehicle Safety Responsibility Act...

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