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SWANK v. CHRYSLER INS. CORP.

No. 96-173.

938 P.2d 631 (1997)

Mary SWANK and Farmers Insurance Exchange, a reciprocal or inter-insurance exchange, Plaintiffs and Appellants, v. CHRYSLER INSURANCE CORPORATION, Defendant and Respondent.

Supreme Court of Montana.

Decided May 6, 1997.

Attorney(s) appearing for the Case

William J. Gregoire (argued), Dennis P. Clarke; Smith, Walsh, Clarke & Gregoire, Great Falls, for Appellants.

Robert F. James (argued); James, Gray & McCafferty, Great Falls, for Respondent.

GRAY, Justice.

Mary Swank and her insurer, Farmers Insurance Exchange, appeal from the judgment entered by the Eighth Judicial District Court, Cascade County, on its order granting Chrysler Insurance Corporation's motion for summary judgment. We reverse and remand with instructions.

FACTS

The facts are not in dispute. On June 22, 1994, Mary Swank (Swank) was test-driving a vehicle owned by Haggarty Motors (Haggarty), an automobile dealership in Great...

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