TROUTT v. COLORADO WESTERN INS. CO.

Nos. 98-36268, 99-35022.

246 F.3d 1150 (2001)

Peggy TROUTT, dba Little Joe's Tavern, Plaintiff-Appellee, v. COLORADO WESTERN INSURANCE COMPANY, Defendant-Appellant. Peggy Troutt, dba Little Joe's Tavern, Plaintiff-Appellant, v. Colorado Western Insurance Company, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 2, 2001.


Attorney(s) appearing for the Case

John R. Gordon, Reep, Spoon & Gordon, Missoula, Montana, for defendant-appellant/appellee.

Monte D. Beck and John J. Richardson, Beck & Richardson, Bozeman, Montana, for plaintiff-appellee/appellant.

Before: Betty B. FLETCHER, Cynthia Holcomb HALL, and A. Wallace TASHIMA, Circuit Judges.


Argued and Submitted August 9, 2000 — Seattle, Washington.

Opinion by Judge CYNTHIA HOLCOMB HALL; Partial Concurrence and Partial Dissent by Judge BETTY B. FLETCHER.

CYNTHIA HOLCOMB HALL, Circuit Judge:

Colorado Western Insurance Company ("CWIC") appeals the district court's judgment after trial holding that a policy which it issued Peggy Troutt ("Troutt") d/b/a Little Joe's Tavern applied to an injury suffered by Terry Engstrand ("Engstrand...

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