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STUTZMAN v. SAFECO INS. CO. OF AMERICA

No. 96-699.

945 P.2d 32 (1997)

Theresa Turcotte STUTZMAN, Plaintiff and Appellant, v. SAFECO INSURANCE COMPANY OF AMERICA, Defendant and Respondent.

Supreme Court of Montana.

Submitted July 22, 1997.

Decided September 8, 1997.

Attorney(s) appearing for the Case

Kenneth E. O'Brien (argued) Hash, O'Brien & Bartlett, Kalispell, for Plaintiff and Appellant.

Robert J. Phillips (argued) Phillips & Bohyer, Missoula, for Defendant and Respondent.

REGNIER, Justice.

On October 11, 1995, plaintiff and appellant, Theresa Turcotte Stutzman, formerly Theresa Turcotte, filed an action in the District Court for the Eleventh Judicial District in Flathead County against Safeco Insurance Company of America to recover underinsured motorist benefits pursuant to an automobile insurance policy issued by Safeco in hers and her husband's names. Safeco subsequently moved for summary judgment, and Stutzman filed a cross motion...

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