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MILLERS MUT. INS. CO. v. STRAINER

No. 82-379.

663 P.2d 338 (1983)

MILLERS MUTUAL INSURANCE COMPANY, Plaintiff and Respondent, v. Anthony STRAINER, Defendant and Appellant.

Supreme Court of Montana.

Decided May 19, 1983.

Attorney(s) appearing for the Case

Jacques, Gallagher & Murphy, Helena, Leo J. Gallagher, argued, Helena, for defendant and appellant.

Keller, Reynolds, Drake, Sternhagen & Johnson, Helena, P. Keith Keller, argued, Helena, for plaintiff and respondent.

Utick, Grosfield & Uda, Helena, for amicus curiae.

MORRISON, Justice.

This is an appeal from a declaratory judgment entered by the District Court of the First Judicial District, State of Montana, determining that Millers Mutual Insurance Company (Respondent) had no liability for coverage or defense to Anthony Strainer (Appellant). We vacate the judgment of the District Court.

On December 16, 1981, respondent brought a declaratory judgment action against appellant to determine the parties' rights, liabilities...

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