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FODE v. FARMERS INS. EXCHANGE

No. 85-352.

719 P.2d 414 (1986)

Ronald V. FODE, Plaintiff and Appellant, v. FARMERS INSURANCE EXCHANGE, a Reciprocal or Interinsurance Exchange, organized and existing under and by virtue of the laws of the State of California, Defendant and Respondent.

Supreme Court of Montana.

Decided April 25, 1986.

Rehearing Denied June 19, 1986.

Attorney(s) appearing for the Case

Whalen & Whalen, Timothy J. Whalen argued, Billings, for plaintiff and appellant.

Crowley Law Firm, Peter F. Habein argued, Billings, for defendant and respondent.

MORRISON, Justice.

This is an appeal from summary judgment entered in the Thirteenth Judicial District Court in favor of defendant. We reverse and remand.

Appellant, Ronald Fode was involved in a three car accident on November 30, 1984. Respondent, Farmers Insurance insured one of the other drivers. The degrees of liability for the accident have yet to be determined.

Fode notified Farmers Insurance of the property damage he sustained. Farmers refused...

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