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AUTO PARTS OF BOZEMAN v. EMPLOYMENT RELATIONS DIV. UNINSURED EMPLOYERS' FUND

No. 00-456.

23 P.3d 193 (2001)

2001 MT 72

AUTO PARTS OF BOZEMAN, Appellant/Respondent, v. EMPLOYMENT RELATIONS DIVISION UNINSURED EMPLOYERS' FUND, Respondent/Appellant.

Supreme Court of Montana.

Decided April 26, 2001.

Attorney(s) appearing for the Case

For Appellant: Dennis E. Lind, Datsopoulos, MacDonald & Lind, Missoula, MT.

For Respondent: Mark Cadwallader, Special Assistant Attorney General, Department of Labor and Industry, Helena, MT.

For Amicus Curiae: Curtis E. Larson, Special Assistant Attorney General, Montana State Fund, Charles G. Adams, Jacqueline T. Lenmark, Keller, Reynolds, Drake, Johnson & Gillespie, Helena, MT (American Insurance Association).

Justice PATRICIA COTTER delivered the Opinion of the Court.

¶ 1 Appellant Auto Parts of Bozeman (Auto Parts) carried workers' compensation insurance with Montana State Fund (State Fund). State Fund canceled Auto Parts' coverage for failure to pay a premium. Thereafter, the Uninsured Employers' Fund (UEF), assessed a penalty against Auto Parts for failure to carry workers' compensation insurance. Following a contested hearing, the Workers' Compensation Court found...

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