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SWANK ENTERPRISES, INC. v. ALL PURPOSE SERVICES, LTD.

No. DA 06-0143.

154 P.3d 52 (2007)

2007 MT 57

SWANK ENTERPRISES, INC., and St. Paul Fire and Marine Insurance Company, Plaintiffs, Respondents and Cross-Appellants, v. ALL PURPOSE SERVICES, LTD., and Continental Western Insurance Company, Defendants and Appellants.

Supreme Court of Montana.

Decided March 5, 2007.

Attorney(s) appearing for the Case

For Appellants: Karl K. Rudbach; Kaufman, Vidal, Hileman & Ramlow Kalispell, Montana.

For Respondents: Todd A. Hammer, Angela K. Jacobs; Hammer, Hewitt & Jacobs, Kalispell, Montana.

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

¶1 Plaintiffs Swank Enterprises, Inc. (Swank) and St. Paul Insurance Company (St.Paul) filed a declaratory action seeking affirmation that defendant Continental Western Insurance Company (Continental) had a duty to defend Swank and was thus liable for the settlement paid to the City of Libby on Swank's behalf by St. Paul. Continental denied the allegation...

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