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ATLANTIC CAS. INS. CO. v. GREYTAK

No. 13-35133.

755 F.3d 1126 (2014)

ATLANTIC CASUALTY INSURANCE COMPANY, Plaintiff Appellee, v. John P. GREYTAK; Tanglewood Investors Limited Partnership, Defendants-Appellants, and GTL, INC., Defendant.

United States Court of Appeals, Ninth Circuit.

June 25, 2014.

Attorney(s) appearing for the Case

Matthew K. Hutchison , Trial, Kaufman, Vidal & Hileman, Kalispell, MT, for Plaintiff Appellee.

Quentin M. Rhoades , Sullivan, Tabaracci & Rhoades, P.C., Liesel D. Shoquist , Milodragovich, Dale & Steinbrenner P.C., Missoula, MT, for Defendant-Appellant.

Before: M. MARGARET McKEOWN and PAUL J. WATFORD, Circuit Judges, and BARBARA JACOBS ROTHSTEIN, Senior District Judge.

ORDER

ROTHSTEIN, District Judge:

I

Pursuant to Rule 15(3) of the Montana Rules of Appellate Procedure, we respectfully request that the Montana Supreme Court exercise its discretion to adjudicate the following question of Montana law:

Whether, in a case involving a claim of damages by a third party, an insurer who does not receive timely notice according to the terms of an insurance policy must demonstrate prejudice from the lack of notice...

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