AUGUSTINE v. SIMONSON

Nos. 96-506 to 96-508.

940 P.2d 116 (1997)

Tracy AUGUSTINE, Plaintiff and Appellant, v. Susan SIMONSON, and Farmers Insurance Exchange, Defendants and Respondents. Jay AUGUSTINE as Guardian Ad Litem for Chase Augustine, Plaintiff and Appellant, v. Susan SIMONSON, and Farmers Insurance Exchange, Defendants and Respondents. Travis GRAY, Plaintiff and Appellant, v. Susan SIMONSON, and Farmers Insurance Exchange, Defendants and Respondents.

Supreme Court of Montana.

Decided June 24, 1997.

Rehearing Denied July 31, 1997.


Attorney(s) appearing for the Case

Channing J. Hartelius (argued); Hartelius, Ferguson, Baker & Kazda; Great Falls, for plaintiffs and appellants.

William J. Gregoire (argued) and Robert J. Vermillion; Smith, Walsh, Clarke & Gregoire; Great Falls, for defendants and respondents.


REGNIER, Justice.

Tracy Augustine, Jay Augustine, as guardian ad litem for Chase Augustine, and Travis Gray (collectively referred to herein as "the Augustines") filed three complaints against Susan Simonson and Farmers Insurance Exchange in the Eighth Judicial District Court. The complaints, arising out of an automobile accident, alleged that Simonson was liable for their personal injuries and that Farmers was liable for the damages in excess of the insurance proceeds...

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