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STATE FARM v. ESTATE OF BRAUN

No. 89-261.

793 P.2d 253 (1990)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff and Respondent, v. The ESTATE OF Gary Nelson BRAUN, Deceased, and Chester V. Braun, Personal Representative of the Estate of Gary Nelson Braun, Deceased, Defendant and Appellant.

Supreme Court of Montana.

Decided May 24, 1990.

Rehearing Denied June 20, 1990.

Attorney(s) appearing for the Case

Barry G. O'Connell, argued, Moore, O'Connell, Refling & Moon, Bozeman, for defendant and appellant.

Lyman H. Bennett, III, argued, Morrow, Sedivy & Bennett, Bozeman, for plaintiff and respondent.

HARRISON, Justice.

This is an appeal from a grant of summary judgment in favor of State Farm regarding an insurance coverage dispute. The Eighteenth Judicial District Court, Gallatin County, Montana, determined that Canada's wrongful death damage limitation governed the damages available to appellants. The District Court held that State Farm had no obligation to appellants under either the uninsured or underinsured motorist provisions of the deceased insured's policy...

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