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MONTANA PETRO. TANK v. NORTHWESTERN NAT. CASUALTY CO.

Nos. DA 07-0596, DA 08-0073, DA 08-0074, DA 08-0278.

201 P.3d 825 (2009)

2009 MT 28

MONTANA PETROLEUM TANK RELEASE COMPENSATION BOARD, Plaintiff and Appellee, v. NORTHWESTERN NATIONAL CASUALTY COMPANY, a member of Highlands Insurance Company; and Does 1-25, Defendants and Appellants. Montana Petroleum Tank Release Compensation Board, Plaintiff and Appellee, v. Northwestern National Casualty Company, a member of Highlands Insurance Company; Ace Property & Casualty Insurance Company, formerly Aetna Insurance Company, and Does 1-25, Defendants and Appellants.

Supreme Court of Montana.

Decided February 3, 2009.

Attorney(s) appearing for the Case

For Appellant: Robert C. Lukes, Garlington, Lohn & Robinson, PLLP, Missoula, Montana.

For Appellee: R. Allan Payne, James L. Shuler, Doney, Crowley, Bloomquist Payne Uda P.C., Helena, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Northwestern National Casualty Company, Employers Mutual Casualty Company, and Ace Property & Casualty Insurance Company (collectively Northwestern) appeal several orders entered in the First Judicial District. These orders were entered in two cases before the Honorable Thomas C. Honzel (Cause Numbers CDV-2005-161 and CDV-2004-834), and one before the Honorable Dorothy McCarter (Cause Number...

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