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HARDY v. PROGRESSIVE SPECIALTY INSURANCE CO.

No. 02-448.

67 P.3d 892 (2003)

2003 MT 85

Ned C. HARDY, Plaintiff, v. PROGRESSIVE SPECIALTY INSURANCE COMPANY, Defendant.

Supreme Court of Montana.

Submitted January 30, 2003.

Decided April 18, 2003.

Attorney(s) appearing for the Case

Edward K. Duckworth (argued), Duckworth Law Office, Ronan, Montana, for Plaintiff.

Robert J. Phillips (argued), Tammy Wyatt Shaw, Phillips & Bohyer, Missoula, Montana, for Defendant.

L. Randall Bishop (argued), Jarussi & Bishop, Billings, Montana. Gregory S. Munro, U of M School of Law, Missoula, Montana, for Amicus Montana Trial Lawyers Association.

Peter F. Habein, Bryan G. Willett, Crowley, Haughey, Hanson, Toole & Dietrich, P.L.L.P., Billings, Montana, for Amicus National Association of Independent Insurers.

Justice TERRY N. TRIEWEILER delivered the Opinion of the Court.

¶ 1 The Plaintiff, Ned Hardy, brought this action in the United States District Court for the District of Montana to recover damages from the Defendant, Progressive Specialty Insurance Company, pursuant to the policy of insurance it had issued to him. Hardy alleged that he was entitled to recover $150,000 by stacking three $50,000 underinsured motorist coverages for which he paid three separate premiums...

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