DAKOTA FIRE INS. CO. v. OIE

No. 97-623.

968 P.2d 1126 (1998)

1998 MT 288

DAKOTA FIRE INSURANCE COMPANY, A DIVISION OF EMPLOYERS MUTUAL COMPANIES, a North Dakota Corporation, Plaintiff, v. Warren OIE, Diana Oie, Jeffrey Oie, Wally Oie, Annika Oie and Katherine Oie, Defendants.

Supreme Court of Montana.

Submitted August 11, 1998.

Decided November 24, 1998.


Attorney(s) appearing for the Case

James E. Vidal and James M. Ramlow (argued); Kauffman, Vidal & Hileman, Kalispell, Montana, for Plaintiff.

John H. Gilliam (argued); Skjelset Law Offices, Missoula, Montana, for Defendants.

Peter F. Habein; Crowley, Haughey, Hanson, Toole & Dietich, Billings, Montana, for amicus curiae Farmers Insurance Exchange.

Earl J. Hanson (argued); Hanson, Roybal, Lee & Todd, Billings, Montana, for amicus curiae State Farm Mutual Automobile Insurance Company.

Patrick R. Sheehy (argued); Halverson, Sheehy & Plath, Billings, Montana, for amicus curiae Montana Trial Lawyers.


LEAPHART, Justice.

¶ 1 Dakota Fire Insurance Company filed a declaratory judgment action in the United States District Court for the District of Montana to determine its duties under a policy of automobile liability insurance. Following submission of cross-motions for summary judgment, the United States District Court certified three questions to this Court for resolution under Montana law.

¶ 2 Pursuant to Rule 44, M.R.App.P., we accepted certification...

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