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MLEKUSH v. FARMERS INS. EXCHANGE

DA 16-0670.

404 P.3d 704 (2017)

2017 MT 256

Tanya L. MLEKUSH, Plaintiff and Appellant, v. FARMERS INSURANCE EXCHANGE, Respondent and Appellee.

Supreme Court of Montana.

Decided: October 24, 2017.

Attorney(s) appearing for the Case

For Appellant: Rick J. Pyfer , Patrick T. Fox (argued), Doubek, Pyfer & Fox, PC, Helena, Montana.

For Appellee: Paul R. Haffeman (argued), Davis, Hatley, Haffeman & Tighe, P.C., Great Falls, Montana.

For Amicus Montana Trial Lawyers Association: Justin P. Stalpes , Beck, Amsden & Stalpes, PLLC, Bozeman, Montana.

For Amicus Montana Defense Trial Lawyers: Nicholas J. Pagnotta (argued), Peter B. Ivins , Williams Law Firm, P.C., Missoula, Montana.

¶ 1 This appeal arises from a November 3, 2016 District Court order denying a motion for attorney fees.

¶ 2 We restate the sole issue on appeal as follows:

Whether an injured first-party insured who is compelled to sue for UIM benefits and recovers more at...

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