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PERIS v. SAFECO INS. CO.

No. 95-511.

916 P.2d 780 (1996)

Michael PERIS, Personal Representative of the Estate of George Peris, Deceased, Plaintiff and Respondent, v. SAFECO INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of Montana.

Submitted April 11, 1996.

Decided May 17, 1996.

Attorney(s) appearing for the Case

Shelton C. Williams and Mark S. Williams (argued), Williams and Ranney, Missoula, for Appellant.

James L. Jones (argued) and John G. Crist, Dorsey and Whitney, Billings, for Respondent.

TURNAGE, Chief Justice.

The United States Court of Appeals for the Ninth Circuit has certified two questions to this Court herein, pursuant to Rule 44, M.R.App.P. The certified questions concern the effect, under Montana law, of certain terms of a motor vehicle insurance policy. Our answer to the first question is "yes" and to the second, "no."

The certified questions are:

1. Is an insured entitled to maintain a cause of action under §§ 33...

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