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HORACE MANN INS. v. HAMPTON

No. 88-212.

767 P.2d 343 (1989)

HORACE MANN INSURANCE, an Illinois corporation, Plaintiff and Respondent, v. Matthew HAMPTON, Safeco Insurance Company of America, a washington corporation, and Lawrence Blundell, an individual, Defendants and Appellants.

Supreme Court of Montana.

Decided January 11, 1989.

Rehearing Denied February 16, 1989.

Attorney(s) appearing for the Case

Richard Ranney, Williams Law Firm, Missoula, for defendants and appellants.

Kim L. Ritter, Milodragovich, Dale & Dye, Missoula, for plaintiff and respondent.

HARRISON, Justice.

Respondent Horace Mann Insurance filed a declaratory judgment action in the District Court of the Fourth Judicial District of Montana, Missoula County, seeking to avoid coverage under its automobile liability policy issued to Bernard and Claudia Wever. The District Court granted summary judgment in favor of respondent, holding that the terms of the policy were violated when the vehicle was not used within the scope of the owners' consent. We reverse...

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