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DeTIENNE ASSOC. v. FARMERS UNION MUT. INS.

No. 93-624.

879 P.2d 704 (1994)

DeTIENNE ASSOCIATES LIMITED PARTNERSHIP and Park Plaza Hotel, Inc., Plaintiffs and Respondents, v. FARMERS UNION MUTUAL INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of Montana.

Decided August 16, 1994.

Attorney(s) appearing for the Case

Robert F. James, James, Gray & McCafferty, Great Falls, for appellant.

Patrick E. Melby, Luxan & Murfitt, Helena, for respondent.

WEBER, Justice.

This action springs from Farmers Union Mutual Insurance Company's (FUMI's) right of subrogation against a third party tortfeasor Montana Rail Link (MRL). MRL damaged FUMI's insured's property Park Plaza Hotel (Park Plaza) when a train wrecked in sub-zero weather and caused a prolonged power outage. When Park Plaza was not totally made whole by FUMI's policy payment, Park Plaza sued MRL for the excess damages. FUMI joined in that litigation. FUMI claims...

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