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NEWBURY v. STATE FARM FIRE & CAS. INS. CO.

No. DA 06-0036.

184 P.3d 1021 (2008)

2008 MT 156

343 Mont. 279

Gerald NEWBURY, Plaintiff and Appellant, v. STATE FARM FIRE & CASUALTY INS. CO. OF BLOOMINGTON, ILLINOIS, licensed to do business in the State of Montana; and State Farm Mutual Automobile Ins. Co. of Bloomington, Illinois, licensed to do business in the State of Montana, Defendants and Appellees.

Supreme Court of Montana.

Decided May 1, 2008.

Attorney(s) appearing for the Case

For Appellant: Laurie Wallace, Bothe & Lauridsen, P.C., Columbia Falls, Montana.

For Appellees: Tracy Axelberg, Christensen, Moore, Cockrell, Cummins & Axelberg, P.C., Kalispell, Montana.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Gerald Newbury filed a complaint for declaratory relief seeking to have certain provisions in his automobile insurance policies declared void as against public policy and asking that State Farm Fire & Casualty Co. (State Farm) be required to pay outstanding medical expenses. The parties filed cross-motions for summary judgment. The District Court for...

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