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HOME INSURANCE COMPANY v. PINSKI BROS., INC.

No. 11869.

479 P.2d 274 (1971)

The HOME INSURANCE COMPANY, a Corporation, Plaintiff and Respondent, v. PINSKI BROS., INC., a Corporation, et al., and Kenneth K. Knight and A. Andrew Van Teylingen, co-partners, doing business as Knight & Van Teylingen, Defendants and Appellants. Kenneth K. KNIGHT, Counterclaimant and Appellant, v. THE HOME INDEMNITY COMPANY, a Corporation, Involuntary Plaintiff and Defendant to Counterclaim and Respondent.

Supreme Court of Montana.

Decided January 4, 1971.

Attorney(s) appearing for the Case

Jardine, Stephenson, Blewett, Weaver and Jack L. Lewis, Jack L. Lewis argued, Scott & Linnell, Wayne E. Linnell argued, Great Falls, for appellants.

Hughes & Bennett, Loble, Picotte & Loble, Alan F. Cain argued, Helena, Alexander, Kuenning & Hall, John C. Hall argued, Smith, Emmons & Baillie, Church, Harris, Johnson & Williams, Great Falls, for respondents.

HASWELL, Justice.

Action by subrogated insurer of property damage loss against the architects and mechanical contractor whose negligence allegedly caused such loss. One of the architects counterclaimed against his liability insurer seeking to establish insurance coverage with a duty to pay and defend. From a summary judgment for insurer that the architects' liability policy did not provide coverage and dismissal of the architect's defense and counterclaim based thereon...

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