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MOUNTAIN WEST FARM BUREAU v. NEAL

No. 13047.

547 P.2d 79 (1976)

MOUNTAIN WEST FARM BUREAU et al., Plaintiffs and Appellants, v. Robert L. NEAL, individually and as Administrator of the Estate of Deborah Neal, Deceased and Robert C. Driggs, Defendants and Respondents.

Supreme Court of Montana.

Decided February 9, 1976.

Rehearing Denied March 12, 1976.

Attorney(s) appearing for the Case

Scanlon & Connors, Anaconda, Joseph C. Connors argued, Anaconda, Radonich, Brolin & Reardon, Anaconda, for respondents.

Johnson & Foster, Lewistown, Robert L. Johnson argued, Lewistown, for appellants.

HASWELL, Justice.

Plaintiff Mountain West Farm Bureau Mutual Insurance Company (Farm Bureau) brought a declaratory judgment action against defendants Neal and Driggs seeking a declaration that Farm Bureau is liable to pay no more than $10,000 to its insured, Neal, under its "uninsured motorist" coverage. Neal counterclaimed that Farm Bureau is liable in the amount of $80,000. The district court, Lewis and Clark County, found Farm Bureau's liability to be $40,000....

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