EMASCO INS. CO. v. WAYMIRE

No. 89-471.

788 P.2d 1357 (1990)

EMASCO INSURANCE COMPANY, Plaintiff and Respondent, v. Dustin O. WAYMIRE and Julia A. Waymire, Defendants and Appellants.

Supreme Court of Montana.

Decided March 20, 1990.


Attorney(s) appearing for the Case

Brad L. Arndorfer, Arndorfer Law Office, Billings, for defendants and appellants.

James L. Jones and Robert L. Sterup, Dorsey & Whitney, Billings, for plaintiff and respondent.


McDONOUGH, Justice.

Defendant Dustin and Julia Waymire appeal the judgment of the Thirteenth Judicial District Court, Yellowstone County, in a case involving a claim under a fire insurance policy. The District Court, sitting without a jury, entered judgment in favor of the plaintiff, Emcasco Insurance Company (Emcasco), relieving Emcasco from all obligations to pay the Waymires any amount under the policy of insurance, on the grounds that the Waymires concealed, misrepresented...

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