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RELIANCE INSURANCE COMPANY v. FISHER

No. 12605.

521 P.2d 193 (1974)

RELIANCE INSURANCE COMPANY, Plaintiff and Appellant, v. Virgil FISHER, Richard O. POEPPEL et al., Defendants and Respondents, and Horace Mann Insurance Company, Defendant and Appellant.

Supreme Court of Montana.

Decided April 23, 1974.

Attorney(s) appearing for the Case

Warden, Walterskirchen & Christiansen, Merrit N. Warden (argued), Kalispell, Garlington, Lohn & Robinson, Lawrence F. Daly (argued), Missoula, for appellant.

Murphy, Robinson, Heckathorn & Phillips, Robert L. Fletcher (argued), Kalispell, McGarvey, Morrison, Hedman & Moore, Whitefish, for respondent.

HASWELL, Justice.

This is a declaratory judgment action involving a teacher's professional liability insurance policy and a second insurance policy issued to the same defendant, Virgil Fisher, denominated "a Farmer's Comprehensive Personal Liability Hazard Policy".

The district court, sitting without a jury, refused to enter a declaratory judgment releasing the two insurance companies from the duty to defend the insured in a suit for personal damages in Flathead...

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