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BURNS v. UNDERWRITERS ADJUSTING CO.

No. 88-200.

765 P.2d 712 (1988)

Daniel S. BURNS, Plaintiff and Appellant, v. UNDERWRITERS ADJUSTING COMPANY, an Illinois corporation, and Continental Insurance Company, a New Hampshire corporation, Defendants and Respondents.

Supreme Court of Montana.

Decided November 17, 1988.

Attorney(s) appearing for the Case

Calvin J. Stacey, Keefer, Roybal, Hanson & Stacey, Billings, for plaintiff and appellant.

Herbert I. Pierce, III, Crowley, Haughey, Hanson, Toole & Dietrich, Billings, for defendants and respondents.

McDONOUGH, Justice.

Appellant Burns appeals from the order of the District Court of the Thirteenth Judicial District granting summary judgment to respondents Underwriters Adjusting Company and Continental Insurance Company (Underwriters and Continental). We affirm.

The issue is whether Underwriters and Continental may be sued for counts based on their failure to defend their insured, Troy Zeiler. Burns sued Zeiler alleging that Zeiler negligently struck Burns...

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