STATE FARM FIRE AND CAS. CO. v. POWELL

No. 95-207.

906 P.2d 198 (1995)

STATE FARM FIRE AND CASUALTY COMPANY, Plaintiff and Appellant, v. Darrell POWELL, and Jack Smith, as guardian ad litem for Natasha Smith, and as Personal Representative of the Estate of Christina Smith, deceased, Defendants and Respondents.

Supreme Court of Montana.

Decided November 21, 1995.


Attorney(s) appearing for the Case

Lyman H. Bennett, III, Morrow, Sedivy & Bennett, Bozeman, for Appellant.

Anne Biby, Bottomly Law Offices, Kalispell, for Smith.


TRIEWEILER, Justice.

The plaintiff, State Farm Fire and Casualty Company, filed a complaint in the District Court for the Eighth Judicial District in Cascade County in which it sought a declaratory judgment to the effect that the insurance policy it issued to Darrell Powell did not provide liability coverage for his collision with Christina Smith on August 8, 1994. State Farm moved for summary judgment. Jack Smith, who represented...

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