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OLMSTEAD v. HUBERT

No. 87-278.

751 P.2d 160 (1988)

Eugene T. OLMSTEAD, Personal Representative of the estate of Ione Olmstead, Deceased, Plaintiff and Appellant, v. Steven E. HUBERT, Defendant and Third-Party Defendant. MILBANK MUTUAL INSURANCE COMPANY, Intervenor, Third-Party Plaintiff and Respondent, v. UNITED PACIFIC INSURANCE COMPANY, Third-Party Defendant and Appellant.

Supreme Court of Montana.

Decided February 18, 1988.

Rehearing Denied April 5, 1988.

Attorney(s) appearing for the Case

Murphy, Robinson, Heckathorn & Phillips; I. James Heckathorn, Murray, Kaufman, Vidal & Gordon; James E. Vidal, Kalispell, for plaintiff and appellant.

Warden, Christiansen, Johnson & Berg; Gary R. Christiansen, M. Dean Jellison, Kalispell, for intervenor, third-party plaintiff and respondent.

McDONOUGH, Justice.

The plaintiff was involved in a four vehicle accident. Two vehicles were insured, one was uninsured. Olmstead settled with the insured drivers and brought an action against the third, Steven E. Hubert, to establish liability in order to recover on his uninsured motorist coverage. The District Court, Eleventh Judicial District, Flathead County, Montana, entered summary judgment against Olmstead holding...

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