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KING v. AMERICAN FAMILY MUT. INS. CO.

No. 08-35988.

632 F.3d 570 (2011)

Timothy R. KING, Plaintiff-Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY; American Standard Insurance Company of Wisconsin, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 31, 2011.

Attorney(s) appearing for the Case

Guy W. Rogers , Jon A. Wilson , Brown Law Firm, Billings, MT, for the plaintiff-appellant.

Lynn M. Grant , Cashmore & Grant, Billings, MT, for the defendants-appellees.

Opinion by Judge McKEOWN; Dissent by Judge FERNANDEZ.

OPINION

McKEOWN, Circuit Judge:

Imagine this scenario:

An out-of-state insurance company is contemplating doing business in Montana. Preliminary to any authorization to sell policies or the transaction of any business, state law requires the company to appoint the Commissioner of Insurance for service of process, which it did. Although the company began the licensure application process, the company cannot yet sell policies in Montana and has not...

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