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MUTUAL SERVICE CAS. INS. CO. v. McGEHEE

No. 85-187.

711 P.2d 826 (1985)

MUTUAL SERVICE CASUALTY INSURANCE COMPANY, Plaintiff and Respondent, v. Timothy W. McGEHEE, also known as Timothy McGehee, also known as Tim McGEHEE, Defendant, and Walter A. Rauker, Defendant and Appellant.

Supreme Court of Montana.

Decided December 31, 1985.

Rehearing Denied January 21, 1986.

Attorney(s) appearing for the Case

Huntley & Eakin, Ira Eakin, Baker, H.D. Buelow, Miles City, for defendant and appellant Rauker.

Lucas & Monaghan, Thomas Monaghan, Miles City, for plaintiff and respondent.

GULBRANDSON, Justice.

Walter Rauker appeals a Custer County District Court order which granted summary judgment to respondent Mutual Service Casualty Insurance Company (Mutual Service) and ruled that Mutual Service's insurance policy with Tim McGehee did not provide coverage for McGehee's intentional assault of appellant Rauker. The issue on appeal is whether summary judgment was proper where the insurance policy did not cover injuries intended or expected from McGehee...

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