TRUCK INS. EXCHANGE v. WALLER

No. 90-544.

828 P.2d 1384 (1992)

TRUCK INSURANCE EXCHANGE, a reciprocal inter-insurance exchange, Plaintiff and Respondent, v. Thomas G. WALLER and Linda L. Waller, Defendants and Appellants, Donald Engelke, Charles Engelke, and Charles and Donald Engelke, d/b/a/ Charles and Donald Engelke, a partnership, Defendants. and Thomas G. WALLER and Linda L. Waller, Counterclaimants and Appellants, v. Truck Insurance Exchange, a reciprocal Inter-insurance Exchange, Counterclaim Defendant and Respondent.

Supreme Court of Montana.

Decided April 10, 1992.

Rehearing Denied May 7, 1992.


Attorney(s) appearing for the Case

David L. Irving, Glasgow, David S. Evinger, Robins, Kaplan, Miller & Ciresi, Minneapolis, Minn., for defendants and appellants.

George C. Dalthorp and Peter F. Habein, Crowley, Haughey, Hanson, Toole & Dietrich, Billings, for plaintiff and respondents.


GRAY, Justice.

The appellants, Thomas and Linda Waller, appeal from an order of the District Court of the Fifteenth Judicial District, Roosevelt County, which granted summary judgment in favor of the respondent, Truck Insurance Exchange (Truck Insurance). We affirm.

The issues on appeal are:

1. Did the District Court err in concluding that the language of the Engelkes' insurance policies excluded coverage for Mr. Waller's injuries arising from the...

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