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ESTATE OF MICHAEL v. GLACIER GEN. ASSUR.

No. 93-375.

871 P.2d 272 (1994)

In the Matter of the ESTATE OF Russell MICHAEL, Jr., Claimant and Respondent, Mark O'Keefe, State Auditor and Commissioner of Insurance of the State of Montana, Petitioner and Appellant, v. GLACIER GENERAL ASSURANCE COMPANY, a Montana Corporation, Respondent.

Supreme Court of Montana.

Decided March 22, 1994.

Attorney(s) appearing for the Case

Richard Larson, Patrick M. Driscoll, Chronister Driscoll & Moreen, Helena, for Petitioner and Appellant.

Dane C. Schofield, Peterson & Schofield, Billings; Robert E. Maclin, III, Gess, Mattingly & Atchison, Lexington, Kentucky, for Claimant and Respondent.

GRAY, Justice.

Commissioner of Insurance Mark O'Keefe, Liquidator for Glacier General Assurance Company (Glacier General), appeals from the District Court's grant of summary judgment in favor of the Estate of Russell Michael, Jr. (the Estate). The court determined that the Estate's claim in the amount of $1,749,000, less a two percent deductible, was valid and assigned the claim Class 3 priority in the distribution of Glacier General's assets. We affirm.

The...

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