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FERGUSON v. SAFECO INS. CO. OF AMERICA

No. DA 06-0045.

180 P.3d 1164 (2008)

2008 MT 109

Margaret FERGUSON, individually, and on behalf of herself and all others similarly situated, Plaintiffs and Appellants, v. SAFECO INSURANCE COMPANY OF AMERICA; Safeco Insurance Company of Illinois; Safeco National Insurance Company; General Insurance Company of America; First National Insurance Company of America; American States Insurance Company; American States Preferred Insurance Company; American Economy Insurance Company; and Cheryl Wignot, Defendants and Appellees.

Supreme Court of Montana.

Decided April 1, 2008.

Attorney(s) appearing for the Case

For Appellant: Allan M. McGarvey, McGarvey, Heberling, Sullivan & McGarvey, P.C., Alan Jay Lerner, Lerner Law Firm, Kalispell, Montana, Judah M. Gersh, Viscomi & Gersh, PLLP, Whitefish, Montana.

For Appellees: Carey E. Matovich, Brooke B. Murphy, Matovich & Keller, P.C., Billings, Montana.

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

¶ 1 Margaret Ferguson appeals an order of the District Court for the Eleventh Judicial District, Flathead County, denying her motion for certification of her lawsuit as a class action. We reverse and remand for further proceedings consistent with this Opinion.

¶ 2 We address the following issue on appeal: Whether the District Court properly denied certification of Ferguson's proposed class...

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