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HERN v. SAFECO INS. CO. OF ILLINOIS

No. 04-643.

125 P.3d 597 (2005)

2005 MT 301

329 Mont. 347

Ardell HERN, as Personal Representative of the Estate of Becky J. Hern, Deceased, Ardell Hern, in her Individual Capacity and Robert Hern, in his Individual Capacity, Plaintiffs and Respondents, v. SAFECO INSURANCE COMPANY OF ILLINOIS, Defendant and Appellant.

Supreme Court of Montana.

Decided November 29, 2005.

Rehearing Denied December 28, 2005.

Attorney(s) appearing for the Case

John W. Bohyer, Esq., Tammy Wyatt-Shaw, Esq., Timothy S. Peck, Esq., Phillips & Bohyer, P.C., Missoula, Montana; Jacqueline T. Lenmark, Esq., Thomas Q. Johnson, Esq., Keller, Reynolds, Drake, Johnson & Gillespie, P.C., Helena, Montana, for Appellant.

Joe Bottomly, Esq., Jeffrey D. Ellingson, Esq., Amy Eddy, Esq., Bottomly & Ellingson, PLLP, Kalispell, Montana, for Respondents.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Safeco Insurance Company of Illinois (Safeco) appeals multiple issues arising out of a civil jury trial held in the Twentieth Judicial District, Lake County. We affirm in part and reverse in part.

ISSUES

¶ 2 A restatement of the issues on appeal is:

¶ 3 Did the District Court err in granting the Herns' combined Motion for Summary Judgment and Motion to Strike...

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