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WATTERS v. GUARANTY NAT. INS. CO.

No. 98-718.

3 P.3d 626 (2000)

2000 MT 150

Charles K. WATTERS and Janet M. Watters, Plaintiffs and Respondents, v. GUARANTY NATIONAL INSURANCE COMPANY, a Colorado corporation, Defendant and Appellant.

Supreme Court of Montana.

Submitted November 18, 1999.

Decided June 6, 2000.

Attorney(s) appearing for the Case

Guy W. Rogers (argued), Lisa A. Rodeghiero, Brown Law Firm, Billings, Montana, For Appellant.

Richard J. Andriolo, Daniel P. Buckley (argued), Berg, Lilly, Andriolo & Tollefsen, Bozeman, Montana, For Respondents.

William Conklin, Conklin, Nybo, Leveque & Lanning, Great Falls, Montana, For Amici State Farm Mutual Automobile Insurance Company.

Paul C. Meismer, Carey, Meismer & McKeon, Missoula, Montana, For Amici Montana Trial Lawyers Association.

John E. Bohyer, Phillips & Bohyer, Missoula, Montana, For Amici Estate of Helen R. Hohstadt.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Guaranty National Insurance Company (Guaranty) appeals from an order issued by the Eighteenth Judicial District Court, Gallatin County, granting summary judgment in favor of Charles K. Watters and Janet M. Watters (Watters), and denying its cross-motion for summary judgment.

¶ 2 We affirm in part, reverse in part, and remand for further proceedings.

¶ 3 Guaranty has raised...

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