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ROLAN v. NEW WEST HEALTH SERVICES

DA 20-0279.

504 P.3d 464 (2022)

407 Mont. 34

2022 MT 1

Dana ROLAN, on her own behalf and on behalf of the class she represents, Plaintiffs, Counter-Defendants, and Appellees, v. NEW WEST HEALTH SERVICES, Defendant and Appellee, Darwin Select Insurance Company and Allied World Assurance Company and Darwin National Assurance Company, Defendant, Counter-Claimant, and Appellant.

Supreme Court of Montana.

Decided: January 4, 2022.

Rehearing Denied: March 8, 2022.

Attorney(s) appearing for the Case

For Appellant Allied World Assurance Company: Martha Sheehy , Sheehy Law Firm, Billings, Montana, Randall G. Nelson , Nelson Law Firm, Billings, Montana

For Appellees Dana Rolan and the class she represents: Erik B. Thueson , Attorney at Law, Helena, Montana.

For Appellee New West Health Services: Robert Lukes , Garlington, Lohn & Robinson, Missoula, Montana, Gary M. Zadick , Ugrin Alexander Zadick P.C., Great Falls, Montana.

¶1 Defendant Allied World Assurance Company (Allied), New West Health Service's (New West) insurer, appeals the Orders of the First Judicial District Court, Lewis and Clark County, granting Plaintiffs and New West's cross-motion for partial summary judgment finding Allied is equitably...

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