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VAN ORDEN v. UNITED SERVICES AUTO. ASS'N

No. OP 13-0430.

318 P.3d 1042 (2014)

2014 MT 45

Robert VAN ORDEN, Plaintiff, v. UNITED SERVICES AUTOMOBILE ASSOCIATION; USAA Casualty Insurance Company; USAA General Indemnity Company; and Garrison Property and Casualty Insurance Company, Defendants.

Supreme Court of Montana.

Decided February 19, 2014.

Attorney(s) appearing for the Case

For Plaintiff: Allen Page Lanning (argued), Lanning, Harris & Conklin, P.C., Great Falls, Montana.

For Appellee: David M. McLean (argued), M. Christy S. McCann , Browning, Kaleczyc, Berry & Hoven, P.C., Missoula, Montana. Paul L. Stoller , Gallagher & Kennedy, P.A., Phoenix, Arizona.

Justice BETH BAKER delivered the Opinion of the Court.

¶ 1 The United States District Court for the District of Montana, Helena Division, the Honorable Sam E. Haddon presiding, certified the following question to this Court:

¶ 2 Does Montana law prohibit an insurer from exercising its rights of subrogation to seek payment from the separate property damage coverage of the liable third-party's automobile insurance for the discrete amounts paid by...

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