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CONTINENTAL INS. CO. v. BOTTOMLY

No. 91-012.

817 P.2d 1162 (1991)

CONTINENTAL INSURANCE COMPANY, Plaintiff and Respondent, v. Gene BOTTOMLY and Van Bottomly, Defendants and Appellants.

Supreme Court of Montana.

Decided September 24, 1991.

Rehearing Denied October 31, 1991.

Attorney(s) appearing for the Case

I. James Heckathorn, Murphy, Robinson, Heckathorn & Phillips, Kalispell, for defendants and appellants.

Donald R. Herndon, Herndon, Hartman, Sweeney & Halverson, P.C., Billings, for plaintiff and respondent.

McDONOUGH, Justice.

Gene Bottomly and Van Bottomly appeal from an order of partial summary judgment granted by the District Court of the Eleventh Judicial District, Flathead County, in favor of plaintiff Continental Insurance Company. The District Court held that neither of the defendants were "residents of the household" of the named insured Richard Bottomly within the meaning of Continental Insurance Company Preferred Farmowner's policy. We reverse.

The...

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