Atlantic Casualty Ins. v. John Greytak

ORDER

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:

The answer to this certified question will be determinative of the appeal pending in our court in this diversity action. We acknowledge that your Court may decide to reformulate the question and that our phrasing of the question is not intended to restrict your Court’s consideration of this request. We are grateful for any guidance your Court can give us, whether or not directly responsive to the question as we have phrased it.

II

In this diversity action, Defendants-Appellants John P. Greytak and Tanglewood Investors Limited Partnership (collectively, “Greytak”) appeal from the final judgment entered following the granting of Plaintiff-Appellee Atlantic Casualty Insurance Company’s (“Atlantic”) motion for summary judgment.

This case stems from an underlying civil action filed in Granite County, Montana, involving third-party GTL, Inc. (“GTL”). At the time of the action GTL was insured by Atlantic. On March 16, 2010, GTL filed suit against Greytak for non-payment. On…