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HOME INSURANCE COMPANY v. PINSKI BROTHERS, INC.

No. 12080.

500 P.2d 945 (1972)

THE HOME INSURANCE COMPANY, a corporation, Plaintiff and Appellant, v. PINSKI BROTHERS, INC., a corporation, et al., Defendants and Respondents. Kenneth K. KNIGHT, Counterclaimant, v. HOME INDEMNITY COMPANY, a Corporation, Involuntary Plaintiff and Defendant to Counterclaims and Appellant.

Supreme Court of Montana.

Decided August 22, 1972.

Rehearing Denied September 25, 1972.

Attorney(s) appearing for the Case

Smith, Emmons & Baillie, Alexander, Kuenning, Hall & Miller, John Hall (argued), Great Falls, for appellant.

Church, Harris, Johnson & Williams, Jack L. Lewis (argued), Jardine, Stephenson, Blewett & Weaver, Scott & Linnell (argued), Wayne E. Linnell (argued), Great Falls, Loble, Picotte & Loble, Helena, for respondents.

HASWELL, Justice.

In an action between an insurer and its insured involving the insurer's subrogation rights and the insured's right to damages for breach of the insurance contract, the district court of Cascade County, the Hon. Paul G. Hatfield, district judge presiding, granted summary judgment to the insured. The insurer now appeals from such summary judgment.

Plaintiff in the original action was The Home Insurance Company who paid off a property damage...

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