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SCHOOL DIST. NO. 1 v. GLOBE & REPUBLIC INS. CO.

No. 10837.

404 P.2d 889 (1965)

146 Mont. 208

SCHOOL DISTRICT NO. 1 OF SILVER BOW COUNTY, Montana, A Public Corproation, Plaintiff and Respondent, v. GLOBE AND REPUBLIC INSURANCE COMPANY OF AMERICA, A Corporation, Insurance Company of North America, A CORPORATION; WESTERN LIFE INSURANCE COMPANY, A Corporation, New Zealand Insurance Company, A Corporation; United States Fidelity & Guaranty Company, A Corporation; and New York Underwriters Insurance Company, A Corporation, Defendants and Appellants.

Supreme Court of Montana.

Decided August 23, 1965.

Attorney(s) appearing for the Case

Poore, Poore & McKenzie, Butte, Anderson, Symmes, Forbes, Peete & Brown, Billings, James A. Poore, Jr., Butte (argued), Weymouth Symmes, Billings (argued), for defendants and appellants.

Holland & Holland, David L. Holland, Butte (argued), for plaintiff and respondent.

CASTLES, Justice.

This is an appeal from the judgment entered upon a jury verdict finding appellant insurance companies liable for $202,821 upon fire insurance policies issued to respondent school district. Hereinafter the appellants will be referred to as the "insurers," and the respondent as the "insured."

Insured's Franklin School, which had been abandoned following Montana's 1959 earthquake, was damaged by fire on January 21, 1961. The insurers' agent...

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