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SWANSON v. HARTFORD INS. CO. OF MIDWEST

No. 01-198.

46 P.3d 584 (2002)

309 Mont. 269

2002 MT 81

Harlan and Elinor SWANSON, Plaintiffs, v. HARTFORD INSURANCE COMPANY OF the MIDWEST, Defendant.

Supreme Court of Montana.

Submitted November 6, 2001.

Decided April 30, 2002.

Attorney(s) appearing for the Case

For Plaintiffs: Rex Palmer, Attorneys Inc., Missoula, Montana.

For Defendant: Jon T. Dyre, Crowley, Haughey, Hanson, Toole & Dietrich, Billings, Montana.

For Amicus: Gregory S. Munro, Missoula, Montana (MTLA).

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 The following Certified Questions were presented to this Court by the U.S. District Court for the District of Montana, Missoula Division, on March 19, 2001, and accepted on March 27, 2001:

1. Is subrogation by the insurer to recover medical payments advanced to its insured, and later paid by the tortfeasor, void in Montana as against public policy?

2. Is it the public policy in...

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