Legal Opinion · Dissent

Farmers Alliance Mutual Insurance v. Holeman

Montana Supreme Court

Decided September 25, 1996No. 95-425Published

1DissentJustice Erdmann

I respectfully dissent.

Initially, it is important to note that in its discussion of the certified question, the majority has omitted Agreed Fact No. 3 contained in the Order Certifying Question, which’provides:

That on or about May 31,1991, Plaintiff issued to Wade and Diana Brown, the named insured and parents of Scott Hankel, a policy of auto insurance, a true, correct, and complete copy of which is marked “Exhibit A” attached hereto and incorporated herein by reference.

Thus, although the certified question from the Federal District Court is somewhat narrow, it is also clear that both the…

2Cases cited18 opinions

  1. Phelps Dodge Corp. v. National Labor Relations BoardSupreme Court of the United States · 1941
  2. Federal Land Bank of St. Paul v. Bismarck Lumber Co.Supreme Court of the United States · 1941
  3. Transamerica Insurance v. RoyleMontana Supreme Court · 1983
  4. Connerty v. Metropolitan District CommissionMassachusetts Supreme Judicial Court · 1986
  5. Jacobson v. Implement Dealers Mutual InsuranceMontana Supreme Court · 1982

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