Orden v. United Services Automobile Ass'n

¶1 The United States District Court for the District of Montana, Helena Division, the Honorable Sam E. Haddon presiding, certified the following question to this Court:

¶2 Does Montana law prohibit an insurer from exercising its rights of subrogation to seek payment from the separate property damage coverage of the liable third-party’s automobile insurance for the discrete amounts paid by the insurer for property damage where:(a) the insured has suffered both bodily injury and property damage in an accident;(b) the insurer’s property damage payments were made under separate, optional collision…