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TYLER v. FIREMAN'S FUND INS. CO.

No. 92-076.

841 P.2d 538 (1992)

Dell E. TYLER and Richard Shubert, d/b/a Cabin Bar and Motel, Plaintiffs and Appellants, v. FIREMAN'S FUND INSURANCE COMPANY, Defendant and Respondent.

Supreme Court of Montana.

Decided November 12, 1992.

Rehearing Denied December 17, 1992.

Attorney(s) appearing for the Case

Douglas G. Skjelset, Skjelset Law Offices, Missoula.

John E. Bohyer, Crowley, Haughey, Hanson, Toole & Dietrich, Billings.

McDONOUGH, Justice.

This is an appeal by plaintiff Richard Shubert of an order of the Fourth Judicial District Court granting the defendant's motions for summary judgment on Shubert's claim for breach of the covenant of good faith and fair dealing and on defendant's counterclaim for restitution in the amount of $276,381.41. We affirm.

There are two issues on appeal:

1. Did the District Court err in granting defendant's motion for summary judgment on...

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