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Leys v. Employers Insurance Company of Wausau

Doc. 28

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BUTTE DIVISION THERESA LEYS, ) ) Plaintiff, ) ) v. ) ) EMPLOYERS INSURANCE ) COMPANY OF WAUSAU, ) ) Defendant. ) ___________________________________ ) I. INTRODUCTION Plaintiff Teresa Lays filed the instant action to recover underinsured motorist benefits under an automobile insurance policy issued to her employer by Defendant Employers Insurance Company of Wausau ("Wausau"). Wausau also paid Leys worker's compensation benefits through a policy issued to her employer and claims a provision in the auto insurance policies alleviates it from paying Leys underinsured motorist benefits that it has already paid under its worker's compensation coverage. Pending before the Court are the parties' motions for

Cause No. CV-10-07-BU-RFC

ORDER

1

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partial summary judgment relating to the enforceability of the worker's compensation offset provision. Docs. 14 & 17. Since the worker's compensation is authorized by Montana Code Ann.

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