TRANSAMERICA INS. GROUP v. OSBORN

No. CV 83-204-M-CCL.

627 F.Supp. 1405 (1986)

TRANSAMERICA INSURANCE GROUP, Plaintiff, v. Charles L. OSBORN and Mountain West Farm Bureau Insurance Company, Inc., Defendants.

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

February 6, 1986.


Attorney(s) appearing for the Case

Paul C. Miesmer, Garlington, Lohn & Robinson, Missoula, Mont., for plaintiff.

Gene I. Brown, Landoe, Brown, Planalp, Kommers & Lineberger, Bozeman, Mont., Shelton C. Williams, Williams Law Firm, Missoula, Mont., for defendant Mountain West Farm Bureau Ins Co.

Sam E. Haddon, Boone, Karlberg & Haddon, Missoula, Mont., for defendant Osborn.


OPINION AND ORDER

LOVELL, District Judge.

Plaintiff filed this declaratory judgment action seeking a determination of the extent of liability to its insured, defendant Charles L. Osborn, under the "underinsured motorists coverage" provisions of the insured's policy. Both plaintiff and defendant Osborn have moved for summary judgment, and the issue has been submitted on briefs. Jurisdiction is based on diversity of citizenship, 28 U.S.C. § 1332.

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