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STEPHENS v. SAFECO INS. CO. OF AMERICA

No. 92-105.

852 P.2d 565 (1993)

Tom and Jodie STEPHENS, Plaintiffs and Appellants, v. SAFECO INSURANCE COMPANY OF AMERICA, a Washington corporation, Defendant and Respondent.

Supreme Court of Montana.

Decided May 4, 1993.

As Amended on Denial of Rehearing June 11, 1993.

Attorney(s) appearing for the Case

Richard M. Baskett, Datsopoulos, MacDonald & Lind, Missoula, for plaintiffs and appellants.

Shelton C. Williams, Williams & Ranney, Missoula, for defendant and respondent.

McDONOUGH, Justice.

This is an appeal from a Fourth Judicial District Court, Ravalli County jury verdict in an insurance bad faith action. We reverse.

The issues include:

1. Did the District Court properly apply the law of Montana in holding that when two parties act in bad faith, the party at comparatively greater fault is denied recovery?

2. Did the District Court properly interpret the Special Verdict by holding that damages were 53% attributable...

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