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FARMERS UNION MUT. INS. CO. v. STAPLES

No. 03-481.

90 P.3d 381 (2004)

2004 MT 108

321 Mont. 99

FARMERS UNION MUTUAL INSURANCE COMPANY, Plaintiff, Respondent and Cross-Appellant. v. Raymond STAPLES, Kenneth J. Huntsinger, Arlene L. Huntsinger, and Kenneth J. Huntsinger, as Natural Parent and Guardian of Kaitlyn Marie Huntsinger, Defendants and Appellants,

Supreme Court of Montana.

Decided April 27, 2004.

Rehearing Denied May 25, 2004.

Attorney(s) appearing for the Case

For Appellants: James Hunt and James Molloy, Hunt & Molloy Law Firm, Helena, Montana Robert C. Melcher, Attorney at Law, Billings, Montana.

For Respondent: Joseph M. Sullivan, Deschenes & Sullivan, Great Falls, Montana.

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

¶ 1 Raymond Staples (Staples), Kenneth J. Huntsinger, Arlene L. Huntsinger, and Kenneth J. Huntsinger, as Natural Parent and Guardian of Kaitlyn Marie Huntsinger (collectively the Huntsingers) appeal the District Court's ruling. Farmers Union Mutual Insurance Company (FUMIC) cross-appeals. We reverse in part, affirm in part, and remand.

¶ 2 The issues on appeal are as follows:

...

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