KANSAS CITY FIRE & MARINE INSURANCE COMPANY v. CLARK

Civ. No. 344.

217 F.Supp. 231 (1963)

KANSAS CITY FIRE & MARINE INSURANCE COMPANY, a corporation, Plaintiff, v. Wayne A. CLARK, the Montana Power Company, a corporation, Lew Chevrolet Company, a corporation, and Clarence G. Madsen, Defendants.

United States District Court D. Montana, Billings Division.

May 14, 1963.


Attorney(s) appearing for the Case

Cooke, Moulton, Bellingham & Longo, Billings, Mont., for plaintiff.

Crowley, Kilbourne, Haughey & Hanson; Anderson, Symmes, Forbes, Peete & Brown; Jones & Olsen and Harlow Pease, Billings, Mont., and J. H. McAlear, Red Lodge, Mont., for defendants.


JAMESON, District Judge.

In this diversity case plaintiff insurer seeks a declaratory judgment under 28 U.S.C.A. § 2201 limiting coverage under a combination aircraft policy to the named insured, Al Forhart Flying Service. Al Forhart, doing business as Al Forhart Flying Service, was engaged in an aviation business which offered charter and air taxi service and student pilot instruction, including the instruction of private pilots to qualify them for commercial...

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