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DEMPSEY v. ALLSTATE INS. CO.

No. 04-032.

104 P.3d 483 (2004)

2004 MT 391

325 Mont. 207

Tyler DEMPSEY, Individually and on behalf of all others similarly situated, Plaintiff, v. ALLSTATE INSURANCE COMPANY, an Illinois corporation, Defendant.

Supreme Court of Montana.

Submitted August 31, 2004.

Decided December 30, 2004.

Attorney(s) appearing for the Case

For Plaintiff: Brian Fay (argued) and Christopher Angel, Angel, Coil and Bartlett, Bozeman, Montana.

For Defendant: Peter Habein (argued), Crowley, Haughey, Hanson, Toole & Dietrich, Billings, Montana.

For Amici Curiae: Randall G. Nelson, Nelson & Dahle, Billings, Montana (MDTLA), Roger M. Sullivan (argued), McGarvey, Heberling, Sullivan & McGarvey, Kalispell, Montana (MTLA), Jon Metropoulos and Dana Hupp, Gough, Shanahan, Johnson & Waterman, Helena, Montana (Property Casualty Insurers).

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 The Plaintiffs, Tyler Dempsey and those similarly situated, brought this class action in the United States District Court for the District of Montana to recover damages from Allstate Insurance Company pursuant to insurance policies Allstate had issued. The Class alleges that the retroactive application of our decision in Hardy v. Progressive Specialty...

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