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LOZEAU v. GEICO INDEM. CO.

No. DA 08-0084.

207 P.3d 316 (2009)

2009 MT 136

350 Mont. 320

D. Lisa LOZEAU, Plaintiff and Appellant, v. GEICO INDEMNITY CO. and, Elizabeth Durglo, a/k/a Liz Durglo, Defendant and Appellee.

Supreme Court of Montana.

Decided April 21, 2009.

Attorney(s) appearing for the Case

For Appellant: Howard Toole; Howard Toole Law Office; Missoula, Montana.

For Appellee: John E. Bohyer, J. Wayne Capp; Bohyer, Simpson & Tranel, P.C.; Missoula, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Appellant Lisa Lozeau (Lozeau) appeals from the order of the Twentieth Judicial District Court granting Elizabeth Durglo's (Durglo) motion to dismiss. We reverse and remand.

¶ 2 We consider the following issue on appeal:

¶ 3 Did the District Court err when it concluded equitable tolling did not apply, and granted Durglo's motion to dismiss for Lozeau's failure to comply with the...

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