MORROW v. FBS INS. MONTANA-HOINESS LABAR

No. 87-370.

749 P.2d 1073 (1988)

Phillip R. MORROW, d/b/a Morrow Mechanical Contractors, Plaintiff and Appellant, v. FBS INSURANCE MONTANA-HOINESS LABAR, INC., Defendant and Respondent.

Supreme Court of Montana.

Decided February 9, 1988.

Rehearing Denied March 4, 1988.


Attorney(s) appearing for the Case

Holland & Hart, James M. Ragain, Billings, for plaintiff and appellant.

Moulton, Bellingham, Longo & Mather, Gerald B. Murphy, Billings, for defendant and respondent.


McDONOUGH, Justice.

The Thirteenth Judicial District Court granted the respondent's motion for summary judgment. The issue here is whether the lower court, in granting summary judgment, erred in finding that there were no material questions of fact. We reverse on this issue and remand the cause for trial.

Appellant Morrow, a subcontractor, alleged that respondent FBS Insurance Montana-Hoiness Labar, Inc., (FBS), a construction bonding agent, intentionally...

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