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U.S. FIDELITY & GUAR. CO. v. RAE V. FIRE CO.

No. 84-21.

688 P.2d 1246 (1984)

UNITED STATES FIDELITY AND GUARANTY COMPANY, a Maryland corporation, Plaintiff, Respondent and Cross-Appellant, v. RAE VOLUNTEER FIRE COMPANY, Defendant and Appellant, and Farmers Union Mutual Insurance Company, Harry Petroff and Rossalie A. Petroff, husband and wife, Intervenors and Appellants.

Supreme Court of Montana.

Decided October 9, 1984.

Attorney(s) appearing for the Case

William E. O'Leary, O'Leary & McCarthy, Helena, for defendant and appellant Rae Volunteer Fire Co.

Graybill, Ostrem, Warner & Crotty, Gregory Warner, Great Falls, for intervenors and appellants Farmers Union Mut. Ins.

Gough, Shanahan, Johnson & Waterman, Daniel C. Murphy, Helena, for plaintiff, respondent and cross-appellant.

WEBER, Justice.

United States Fidelity and Guaranty Company (USF & G) sought a declaratory judgment in the Gallatin County District Court as to its obligations under a liability insurance policy issued by USF & G to Rae Volunteer Fire Company (Rae), a nonprofit corporation. Rae halted firefighting efforts upon determining that Harry Petroff and Rossalie Petroff (Petroffs), residential dwelling owners, were not members...

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