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SAFECO INS. CO. v. LAPP

No. 84-426.

695 P.2d 1310 (1985)

SAFECO INSURANCE COMPANY, Plaintiff and Respondent, v. CLIVE H. LAPP, Prospector Chevrolet, Inc., a Montana corp., and Virgil Benjamin, Gladys I. Benjamin and Marie Benjamin, individually and as co-personal representatives of the Estate of Merlin Virgil Benjamin, Defendants and Appellants.

Supreme Court of Montana.

Decided March 5, 1985.

Attorney(s) appearing for the Case

William J. Krutzfeldt, Miles City, for Virgil, Gladys and Marie Benjamin.

P. Keith Keller, Keller, Reynolds, Drake, Sternhagen & Johnson, Helena, for Clive Lapp.

J. Dwaine Roybal, Keefer, Roybal, Hanson, Stacey & Jarussi, Billings, for Prospector Chevrolet.

Gene I. Brown, Landoe, Brown, Planalp, Kommers & Johnson, Bozeman, for plaintiff and respondent.

SHEEHY, Justice.

Safeco Insurance Company brought this action in Lewis and Clark County District Court for a declaratory judgment to determine its rights and obligations under a garage liability insurance policy that it issued to Prospector Chevrolet, Inc. On cross-motions for summary judgment, the District Court ruled that Safeco had no obligation to defend the lawsuit or pay a judgment under the policy. Defendants appeal and we affirm.

On September 16, 1981...

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