McALEAR v. SAINT PAUL INSURANCE COMPANIES

No. 12113.

493 P.2d 331 (1972)

Allen L. McALEAR, Plaintiff and Respondent, v. SAINT PAUL INSURANCE COMPANIES, a corporation, Defendant and Appellant.

Supreme Court of Montana.

Decided January 31, 1972.


Attorney(s) appearing for the Case

Patrick F. Hooks, argued, Townsend, Glenn F. Kenney, appeared, Helena, for defendant-appellant.

Allen L. McAlear, argued, Bozeman, for plaintiff-respondent.


HASWELL, Justice.

In a declaratory judgment action involving an attorney's professional liability insurance policy, the district court held the insurer liable for the cost of its insured's defense against a third-party property damage action based upon a collision caused by the insured's runaway airplane. From this final judgment, the insurer appeals.

The single controlling issue upon appeal is whether the insurer is liable for the costs of such defense incurred...

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