Dean v. Austin Mutual Insurance

This case is before us on a certified question from the United States District Court for the District of Montana, Missoula Division, concerning the interpretation of § 33-18-242(5), MCA. We accepted certification pursuant to Rule 44 of the M.R.App.P.

The following facts were presented to this Court in the certification order as relevant to the question posed by the federal district court.

Afire destroyed James and Linda Dean’s (the Deans) residence in Olney, Montana, on July 5,1989. The Deans made demand upon their insurance company, Austin Mutual Insurance Company (Austin Mutual), for payment…