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MOUNTAIN WEST FARM BUREAU MUTUAL INS. CO. v. BREWER

No. 01-512.

69 P.3d 652 (2003)

2003 MT 98

MOUNTAIN WEST FARM BUREAU MUTUAL INSURANCE COMPANY, Plaintiff and Respondent, v. Addi BREWER, Respondent, and Ashley Christensen, Defendants and Appellants. Chris Christensen and Angie Christensen, individually and as guardians and conservators for Ashley L. Christensen and her estate, Petitioners and Appellants, v. Mountain West Farm Bureau Mutual Insurance Company, Respondent and Respondent.

Supreme Court of Montana.

Decided April 24, 2003.

Attorney(s) appearing for the Case

Robert T. Bell, Richard A. Reep, Reep, Spoon & Gordon, P.C., Missoula, Montana, For Appellants.

Lon J. Dale, Milodragovich, Dale, Steinbrenner & Binney, P.C., Missoula, Montana, For Respondent.

Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 The Appellants, Chris and Angie Christensen ("Christensens"), appeal from an order issued by the Fourth Judicial District Court, Missoula County, denying their request for attorney fees. We reverse and remand.

¶ 2 The parties present the following issues on appeal:

¶ 3 1. Did the Christensens waive their right to recover attorney fees?

¶ 4 2. Is an injured third...

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