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GRIER v. NATIONWIDE MUT. INS. CO.

No. 90-272.

812 P.2d 347 (1991)

Arvid GRIER, Plaintiff, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Defendant.

Supreme Court of Montana.

Decided June 4, 1991.

Attorney(s) appearing for the Case

Richard Reep, argued, Graham, Reep & Spoon, Missoula, for plaintiff.

Paul C. Meismer, argued, Garlington, Lohn & Robinson, Missoula, for defendant.

Molly Shepherd, Worden, Thane & Haines, Missoula, for amicus curiae.

TURNAGE, Chief Justice.

This is a certified question submitted by the United States District Court for Montana. This Court accepted certification of the question by order dated June 5, 1990.

The certified question as presented by the federal court was:

Is an offset provision in an "underinsured motorist" policy, entitling the insured to an offset for an amount equal to the liability coverage available from a responsible tortfeasor, void as contrary...

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