FARMERS UNION MUT. INS. CO. v. OAKLAND

No. 91-213.

825 P.2d 554 (1992)

FARMERS UNION MUTUAL INSURANCE COMPANY, Plaintiff and Respondent, v. Gary OAKLAND, individually and as Personal Representative of the Estate of Loretta Oakland, d/b/a Oakland Holding Company, Defendants and Counterclaimants/Appellants.

Supreme Court of Montana.

Decided January 28, 1992.


Attorney(s) appearing for the Case

James A. Poore, III, Douglas A. Buxbaum, and Patrick M. Sullivan, Poore, Roth and Robinson, P.C., Butte, for defendants and counterclaimants/appellants.

James L. Jones, Dorsey and Whitney, Billings, Robert F. James, James, Gray & McCafferty, Great Falls, for plaintiff and respondent.


TRIEWEILER, Justice.

On July 20, 1988, Farmers Union Mutual Insurance Company filed a declaratory judgment action against Gary and Loretta Oakland in the Thirteenth Judicial District Court in Yellowstone County. The District Court held that the insurance policy issued to the Oaklands by Farmers Union did not require Farmers Union to pay for additional costs related to the removal of materials containing asbestos during reconstruction of the insureds' property. Gary...

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