RICH v. STATE FARM MUT. AUTO. INS. CO.

No. 02-248.

66 P.3d 274 (2003)

2003 MT 51

Kiersten RICH, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

Supreme Court of Montana.

Decided March 25, 2003.


Attorney(s) appearing for the Case

Jeffrey D. Ellingson, Ellingson Law Office, Kalispell, Montana; Dale L. McGarvey, McGarvey, Heberling, Sullivan & McGarvey, Kalispell, Montana; Richard H. Friedman, Kenneth R. Friedman, Friedman, Rubin & White, Bremerton, Washington; Cynthia Ford, Golden Gate School of Law, San Francisco, California, for Plaintiff.

Bradley J. Luck, Kathleen L. DeSoto, Garlington, Lohn & Robinson, Missoula, Montana, for Defendant.


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

¶ 1 The following certified question was presented to this Court by the United States District Court for the District of Montana, Missoula Division, on April 25, 2002, and accepted on May 7, 2002: "Whether, under [the circumstances described in the Certification Order], Rule 41(e), M.R.Civ.P., as it existed prior to January 1, 2000, precludes the maintenance of the underinsured motorist coverage damage...

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