LEIBRAND v. NAT. FARMERS UNION

Nos. 94-416 and 94-503.

898 P.2d 1220 (1995)

Leslie LEIBRAND and Lois Leibrand, individually, and as the parents and next friends of Gordon Leibrand, a minor, Plaintiffs, v. NATIONAL FARMERS UNION PROPERTY AND CASUALTY CO., a corporation, Defendant. Eugene COLE and Mary Jo Cole, individually and as next friends of Lindsey Cole, a minor, Plaintiffs, v. TRUCK INSURANCE EXCHANGE, Defendant.

Supreme Court of Montana.

Decided July 6, 1995.


Attorney(s) appearing for the Case

Ira D. Eakin, Lynaugh, Fitzgerald, Eiselein & Eakin, Billings for Plaintiffs Leibrands.

Steven J. Harman, Brown, Gerbase, Cebull, Fulton, Harman & Ross, Billings for Plaintiffs Coles.

Don M. Hayes, Herndon, Hartman, Sweeney & Halverson, Billings, for defendant Nat. Farmers Union.

Shelton C. Williams and Richard Ranney, Williams & Ranney, Missoula for defendant Truck Ins. Exchange.


TRIEWEILER, Justice.

These combined claims were either filed in or removed to the United States District Court for the District of Montana by the plaintiffs to recover the limits of liability coverage provided by the defendants pursuant to contracts of automobile liability insurance. The defendants denied that policy limits were recoverable, based on exclusions within each of the respective policies which limited recovery by a household member to the "limits of liability...

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