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Abstract

This case presents two significant issues. The overarching issue is whether a Writ of Supervisory Control will be granted to resolve the underlying issue: what duty, if any, a workers’ compensation insurer owes the employees of its insured. The resolution of the underlying issue will be an important one, both within the multitude of pending asbestos claims in Montana and beyond. The Petitioner, Maryland Casualty Company, claims the Asbestos Claims Court used an improper standard in determining that Maryland Casualty Company owed a duty to the employees of its insured, W.R. Grace & Company.

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