AETNA INS. CO. v. CAMERON

No. 81-221.

633 P.2d 1212 (1981)

AETNA INSURANCE COMPANY, Plaintiff and Appellant, v. Earl CAMERON d/b/a Cameron Truck Repair and Suhr Transport and Gene Lenz, d/b/a Gene Lenz Construction, Defendants and Respondents.

Supreme Court of Montana.

Decided September 15, 1981.


Attorney(s) appearing for the Case

Warden, Christiansen & Johnson, Kalispell, for plaintiff and appellant.

Murray, Kaufman, Vidal & Gordon, E. Eugene Atherton, Kalispell, for defendants and respondents.


MORRISON, Justice.

Plaintiff, Aetna Insurance Company (Aetna), appeals from an order and judgment of the District Court which denied its motion for summary judgment and granted summary judgment to the respondents. In its complaint Aetna asked for a declaratory judgment construing a cargo insurance policy issued to the respondent Earl Cameron, a self-employed hauler of heavy equipment. The policy insured goods hauled by Cameron against "direct physical loss or damage...

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