IDEAL MUT. INS. CO. BY AND THROUGH GLOBAL v. PATZER

Nos. CV 84-65-M-RES, CV 84-203-M-RES.

624 F.Supp. 426 (1985)

IDEAL MUTUAL INSURANCE COMPANY, a New York corporation, By and Through GLOBAL AVIATION INSURANCE MANAGERS, INC., a Texas corporation, Plaintiffs, v. Jerry PATZER, father of Cindy Diane Patzer, deceased, and natural guardian of Lisa Patzer and Justin Patzer; Cheryl Bradshaw Patzer, mother of Cindy Diane Patzer, deceased, and natural guardian of Lisa Patzer and Justin Patzer; Lisa Patzer, minor sister of Cindy Diane Patzer; Justin Patzer, minor brother of Cindy Diane Patzer; Fred Medlar, Administrator of the Estate of James Frederick Medlar, deceased; Bitterroot Aviation, Inc., d/b/a Hamilton Aviation, Defendants. Fred MEDLAR, Administrator of the Estate of James Frederick Medlar, deceased, Plaintiff, v. IDEAL MUTUAL INSURANCE COMPANY, a corporation, Global Aviation Insurance Managers, Inc., a corporation, a/k/a National Excess Insurance Services, Inc., a corporation, Defendants.

United States District Court, D. Montana, Missoula Division.

December 24, 1985.


Attorney(s) appearing for the Case

Susan E. Loggans and Associates, Chicago, Ill., for plaintiffs in No. 84-203-M-RES.

Ronald Bender, Worden, Thane & Haines, Missoula, Mont., for plaintiff in No. 84-65-M-RES.

Catherine E. Tinker, William J. Mullins, Conklin & Adler, Ltd., Chicago, Ill., for defendants in No. 84-203-M-RES.

Richard A. Weber, Jr., Hamilton, Mont., Susan E. Loggans & Associates, Chicago, Ill., George H. Corn, Robinson, Boyle & Bell, Hamilton, Mont., for defendants Jerry Patzer, Cheryl Bradshaw Patzer, Lisa Patzer and Justin Patzer.


OPINION

RUSSELL E. SMITH, District Judge.

These cases were brought to determine the liability of the Ideal Mutual Insurance Company (Ideal) for the damages resulting from the death of James Frederick Medlar (Medlar).

Bitterroot Aviation Inc., d/b/a Hamilton Aviation, was the owner of Cessna aircraft No. N-5112Q. It procured from Ideal an insurance policy, No. AHL-047915, which was in effect on May 22, 1983. On that day, Cindy Diane Patzer (Cindy...

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