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No.

91-564

IN THE SUPREME COURT OF THE STATE OF MONTANA
1993

ST. PAUL FIRE & MARINE INSURANCE COMPANY, Plaintiff and Appellant,

ALLSTATE INSURANCE COMPANY and GARY GLASSING, Defendants and Respondents.

APPEAL FROM:

District Court of the Eighth Judicial District, In and for the County of Cascade, The Honorable Joel G. Roth, Judge presiding.

COUNSEL OF RECORD: For Appellant: Gary M. Zadick, Mark F. Higgins, Ugrin, Alexander, Zadick & Slovak, Great Falls, Montana For Respondents: Susan P. Roy, Garlington, Lohn and Robinson, Missoula, Montana

Submitted: Filed:

May 12, 1992

Decided: February 19, 1993

Justice Terry N. Trieweiler delivered the opinion of the Court. Plaintiff St. Paul Fire and Marine Insurance Company filed its complaint in the District Court for the Eighth Judicial District in Cascade County to recover amounts paid to its insured pursuant to the underinsured motorist coverage provided by its policy. St.

Paul's claim against defendant Gary Glassing was dismissed by the District Court based on tbat court's conclusion that it lacked personal jurisdiction over Glassing. St. Paul's claim against

Allstate Insurance Company was dismissed because of its failure to state an actionable claim against Allstate. st. Paul appeals. From this judgment,

We reverse in part and affirm in part.

The issues are: 1. Did the District Court have personal jurisdiction over

Gary Glassing pursuant to Rule 4B(l)(b), M.R.Civ.P.? 2. Is an insurer which provides underinsured motorist

coverage a third party entitled to bring a direct claim under

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Montana Law