SAYERS v. SAFECO INS. CO. OF AMERICA

No. 80-436.

628 P.2d 659 (1981)

Donald W. SAYERS et al., Plaintiffs and Respondents, v. SAFECO INSURANCE COMPANY OF AMERICA, Allstate Insurance Company, and Automobile Club Insurance Company, Defendants and Appellants.

Supreme Court of Montana.

Decided May 26, 1981.


Attorney(s) appearing for the Case

Gene A. Picotte, Clancy, for defendants and appellants.

D.L. Holland, Corette Law Firm, Henningsen, Purcell & Genzberger, Butte, Kaylene M. Rubick, Richmond, Cal., Anderson, Brown Law Firm, Billings, William N. Geagan, Butte, for plaintiffs and respondents.


MORRISON, Justice.

Safeco Insurance Company (Safeco) appeals from an adverse judgment of the District Court of the Second Judicial District, Silver Bow County. The parties stipulated to a bifurcated proceeding and submitted two issues for adjudication, reserving the right to a jury trial on damages if necessary. The issues submitted were:

1. Whether or not the plaintiff, Donald Sayers, was, at the time and place of the accident, "occupying" the automobile...

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