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AMERICAN FAMILY MUT. INS. v. LIVENGOOD

No. 98-072.

970 P.2d 1054 (1998)

1998 MT 329

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Plaintiff and Respondent, v. Ross LIVENGOOD and Brenda Livengood, Defendants and Appellants.

Supreme Court of Montana.

Decided December 30, 1998.

Attorney(s) appearing for the Case

Marvin L. Howe; Simonton, Howe & Schneider, Glendive, Montana, for Appellants.

Fred E. Whisenand; Crowley, Haughey, Hanson, Toole & Dietrich, Williston, North Dakota, for Respondent.

Justice KARLA M. GRAY delivered the Opinion of the Court.

¶ 1 American Family Mutual Insurance Company (American Family) filed a declaratory judgment action in the Seventh Judicial District Court, Dawson County, seeking a determination of the effect of a "nonowned automobile exclusion" in the policy issued to its insured, Nancy Henninger (Henninger). The District Court granted American Family's motion for summary judgment, concluding that the "nonowned automobile...

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