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ROTHWELL v. ALLSTATE INS. CO.

No. 98-124.

976 P.2d 512 (1999)

1999 MT 50

Reann S. ROTHWELL, Plaintiff, v. ALLSTATE INSURANCE COMPANY, Allstate Life Insurance Company, Allstate Indemnity Company, Novus Credit Service, Inc., f/k/a Allstate Enterprises, Inc. and its Subsidiary companies, and Allstate Motor Club, Inc.,. Defendants.

Supreme Court of Montana.

Submitted November 17, 1998.

Decided March 17, 1999.

Rehearing Denied April 22, 1999.

Attorney(s) appearing for the Case

Curtis G. Thompson, William D. Jacobsen, Steven T. Potts (argued), Thompson, Jacobsen & Potts, Great Falls, Montana For Plaintiff.

James H. Goetz (argued), Goetz, Madden & Dunn, Bozeman, Montana; Thomas M. Welsch, Poore, Roth & Robinson, Butte, Montana; H. Sinclair Kerr, Jr., Jeffrey Lennard, Michael von Loewenfeldt, Sonnenschein, Nath & Rosenthal, San Francisco, California For Defendants.

Stephen C. Pohl (argued), Bozeman, Montana (Montana Trial Lawyers Association) Amicus Curiae.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 The United States District Court for the District of Montana, Great Falls Division, has certified to this Court the following question:

Whether the provisions of § 39-2-701(1)(1995), MCA, that "[a]n employer must indemnify his employee ... for all that he necessarily expends or loses in direct consequence of the discharge of his duties as such or of his obedience to the directions of...

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