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CITY OF BOZEMAN v. AIU INS. CO.

No. 93-132.

865 P.2d 268 (1993)

The CITY OF BOZEMAN, Plaintiff, Respondent, and Cross-Appellant, v. AIU INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of Montana.

Decided December 14, 1993.

Attorney(s) appearing for the Case

E. Lee LeVeque and L.D. Nybo, Conklin, Nybo, LeVeque & Murphy, Great Falls, for defendant and appellant.

J. Robert Planalp and Steve Reida, Landoe, Brown, Planalp & Braaksma, Bozeman, for plaintiff, respondent and cross-appellant.

TRIEWEILER, Justice.

Plaintiff City of Bozeman brought this action in the District Court for the Eighteenth Judicial District in Gallatin County to recover attorney fees and costs incurred because of AIU Insurance Company's refusal to represent the City on appeal in Story v. City of Bozeman (1990), 242 Mont. 436, 791 P.2d 767. The District Court concluded that AIU breached its duty to defend the City and entered judgment in...

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