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FARMERS ALLIANCE MUT. INS. CO. v. HOLEMAN

No. 95-425.

924 P.2d 1315 (1996)

FARMERS ALLIANCE MUTUAL INSURANCE COMPANY, a Kansas Insurance corporation, Plaintiff and Appellant, v. Kristi HOLEMAN, Personal Representative of the Estate of Gary Lee Leonard, Deceased, Defendant and Respondent.

Supreme Court of Montana.

Submitted June 25, 1996.

Decided September 25, 1996.

Rehearing Denied October 24, 1996.

Attorney(s) appearing for the Case

Robert Savage (argued), Habedank, Cumming, Best & Savage, Sidney, for Farmers Alliance.

Donald D. Sommerfeld (argued), Towe, Ball, Enright, Mackey & Sommerfeld, Billings, for Kristi Holeman, Personal Representative.

Peter F. Habein (argued), Crowley, Haughey, Hanson, Toole & Dietrich, Billings, for amicus curiae, Mountain West Farm Bureau Mutual Insurance Company.

Susan P. Roy (argued), Garlington, Lohn & Robinson, Missoula, for amicus curiae, Alliance of American Insurers.

Gene R. Jarussi (argued), Jarussi & Bishop, Billings, for amicus curiae, Montana Trial Lawyers Association.

LEAPHART, Justice.

The United States District Court for the District of Montana, Billings Division, has certified the following question to this Court pursuant to Rule 44, M.R.App.P. We answer the certified question "no."

The certified question is: Section 33-23-203, MCA, prohibits the stacking of the uninsured motorist coverage available under a policy of motor vehicle liability insurance. Does Section 33-23-203, MCA, prohibit the stacking...

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