FARMERS ALLIANCE MUT. INS. CO. v. MILLER

No. 87-4215.

869 F.2d 509 (1989)

FARMERS ALLIANCE MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. Robert E. MILLER; Carole J. Miller, the Estate of Richard Miller, Deceased, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 8, 1989.


Attorney(s) appearing for the Case

Dennis P. Clarke, Smith, Walsh, Clark & Gregoire, Great Falls, Mont., for plaintiff-appellant.

Erik B. Thueson, Thueson Law Office, Helena, Mont., for defendants-appellees.

Before FLETCHER, KOZINSKI and TROTT, Circuit Judges.


KOZINSKI, Circuit Judge:

On February 23, 1986, Richard Miller was a passenger in a car driven by Richard Dean Smith. Smith ran a red light and crashed into another vehicle, killing Miller.

Three years later, the amount Miller's parents will recover from their insurance company turns on our resolution of two questions of Montana insurance law: Is an offset provision in an underinsured motorist policy either ambiguous or contrary to public policy? We hold that...

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