Atlantic Casualty Ins. v. John Greytak

ORDER

ROTHSTEIN, District Judge:

I

Pursuant to Rule 15(3) of the Montana Rules of Appellate Procedure, we respectfully request that the Montana Supreme Court exercise its discretion to adjudicate the following question of Montana law:

Whether, in a case involving a claim of damages by a third party, an insurer who does not receive timely notice ae-cording to the terms of an insurance policy must demonstrate prejudice from the lack of notice to avoid defense and indemnification of the insured.

The answer to this certified question will be determinative of the appeal pending in our court in this…