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FARMERS UNION MUT. INS. CO. v. HORTON

No. 02-677.

67 P.3d 285 (2003)

2003 MT 79

FARMERS UNION MUTUAL INSURANCE COMPANY, Plaintiff and Respondent, v. Howard HORTON, d/b/a Howard's Apartments; and Laurel Trader, individually and as Personal Representative of the Estate of Gary A. Trader; and Gardner Asphalt Corporation, Defendants and Appellants.

Supreme Court of Montana.

Decided April 10, 2003.

Attorney(s) appearing for the Case

David R. Paoli and Heather M. Latino, Paoli & Shea, P.C., Missoula, Montana, for Appellants.

William J. Gregoire and Stephanie A. Hollar, Smith, Walsh, Clarke and Gregoire, Great Falls, Montana, for Respondent.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Laurel Trader appeals from the July 17, 2002, Order and Memorandum of the Fourth Judicial District Court, Missoula County, granting partial summary judgment to Farmers Union Mutual Insurance. We affirm.

¶ 2 The following issue is raised on appeal:

¶ 3 (1) Whether the District Court erred when it concluded that the employer's liability exclusion contained in Horton's...

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