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BANKERS LIFE & CASUALTY v. PETERSON

No. 93-363.

866 P.2d 241 (1993)

BANKERS LIFE & CASUALTY CO., Petitioner and Appellant, v. Lea PETERSON, Lorili Barnett, Kristi Wolf, Diane Chaidez and Montana Human Rights Commission, Respondents and Respondents.

Supreme Court of Montana.

Decided December 28, 1993.

Attorney(s) appearing for the Case

Tom K. Hopgood, Luxan & Murfitt, Helena, for petitioner and appellant:

Peter M. Meloy, Meloy Law Firm, David Rusoff, Montana Human Rights Comm'n, Helena, for respondents and respondents.

GRAY, Justice.

In a case of first impression, the issue before this Court is whether an individual major medical expense insurance policy that excludes coverage for normal pregnancy and childbirth violates § 49-2-309, MCA. Unique to Montana, § 49-2-309, MCA, prohibits discrimination based solely on sex in the issuance, operation, coverage, rates or premiums of any type of insurance policy. The First Judicial District Court, Lewis and Clark County, affirmed...

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