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

No. 01-838.

73 P.3d 800 (2003)

2003 MT 174

Kristine E. LIERBOE, Individually and on behalf of all others similarly situated, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Defendant.

Supreme Court of Montana.

Submitted October 24, 2002.

Decided July 1, 2003.

Rehearing Denied August 7, 2003.

Attorney(s) appearing for the Case

Alan J. Lerner; Lerner & Danno, Kalispell, Montana, Jeffrey D. Ellingson; Ellingson Law Offices, Kalispell, Montana, Dale L. McGarvey, Allan M. McGarvey, Roger Sullivan; McGarvey, Heberling, Sullivan & McGarvey, Kalispell, Montana, For Plaintiff.

Bradley J. Luck; Garlington, Lohn & Robinson, Missoula, Montana, For Defendant.

Randall G. Nelson; Nelson Law Firm, Billings, Montana (for Montana Defense Trial Lawyers Association), For Amicus Curiae.

District Court Judge GREGORY R. TODD, sitting for former Justice TERRY N. TRIEWEILER, delivered the Opinion of the Court.

¶ 1 Pursuant to Rule 44(c) of the Montana Rules of Appellate Procedure, Chief Judge Donald W. Molloy of the United States District Court for the District of Montana, Missoula Division, certified two questions to this Court. The two questions from the United States District Court are:

¶ 2 1. Is a shareholder or relative of a shareholder...

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