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K-W INDUSTRIES v. NATIONAL SUR. CORP.

No. 87-290.

754 P.2d 502 (1988)

K-W INDUSTRIES, A DIVISION OF ASSOCIATED TECHNOLOGIES, LTD., a corporation, Plaintiff and Appellant, v. NATIONAL SURETY CORPORATION, Defendant and Respondent.

Supreme Court of Montana.

Decided May 3, 1988.

Attorney(s) appearing for the Case

Alexander Blewett, III, Hoyt and Blewett, Great Falls, for plaintiff and appellant.

Robert J. Phillips, Snavely and Phillips, Missoula, for defendant and respondent.

SHEEHY, Justice.

In this case we determine that a business entity which is licensed under Montana law to transact the business of insurance, and which issues as a part of its business a contract of suretyship guaranteeing the performance of an underlying contract in Montana (1) is transacting a class of insurance business under Montana law; (2) is subject in the transaction of its business to the Montana Unfair Claims Settlement...

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