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LEHMANN v. WASHINGTON NAT. INS. CO.

No. CV 97-10-BU-DWM.

979 F.Supp. 1290 (1997)

Margaret M. LEHMANN, Plaintiff, v. WASHINGTON NATIONAL INSURANCE COMPANY, Defendant.

United States District Court, D. Montana, Butte Division.

October 28, 1997.

Attorney(s) appearing for the Case

Michael J. Lilly, Berg, Lilly, Andriolo & Tollefsen, Bozeman, MT, for plaintiff.

Leonard H. Smith, Crowley, Haughey, Hanson, Toole & Dietrich, Billings, MT, for defendant.

ORDER

MOLLOY, District Judge.

I. INTRODUCTION

The parties have asked through cross motions for summary judgment for a determination of whether Margaret Lehmann is entitled to benefits that were excluded by way of an "Exception Endorsement" to a Medical Insurance policy she and her husband purchased in 1993. When the policy was issued, Montana law prohibited excluding pre-existing medical conditions for a period in excess

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