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MOORE v. SAFECO INS. CO.

No. CV 96-134-GF-DWM.

954 F.Supp. 209 (1997)

Adeline MOORE, as Personal Representative of the Estate of John W. Moore, Deceased, and Individually, John C. Moore, a minor, by Carol F. Morrell, his natural mother and conservator, and Carol F. Morrell, Individually, Plaintiffs, v. SAFECO INSURANCE COMPANY, Defendant.

United States District Court, D. Montana, Great Falls Division.

March 4, 1997.

Attorney(s) appearing for the Case

Alexander Blewett, III, Hoyt & Blewett, Great Falls, MT, for Adeline Moore, John W. Moore, John C. Moore, Carol F. Morrell.

Robert J. Phillips, Phillips & Bohyer, P.C., Missoula, MT, for Safeco Ins. Co.

ORDER

MOLLOY, District Judge.

I. Background

From the plaintiff's view this case involves "one of the more spectacular ambiguities in the history of the insurance industry." (Br.Sup.J.Pleadings at 3) The insurer is not quite So sure, arguing its Policy is unique to Montana and must be read in light of Montana case law and statutes dealing with the issue of stacking UM/UIM coverages. As I see it, the policy is ambiguous and as a consequence must...

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