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PROGRESSIVE CAS. INS. CO. v. OWEN

No. 06-35677.

519 F.3d 1035 (2008)

PROGRESSIVE CASUALTY INSURANCE COMPANY, Plaintiff-Appellant, v. Arlene OWEN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 26, 2008.

Attorney(s) appearing for the Case

Robert J. Phillips and Amy O. Duerk, Phillips Law Firm P.C., Missoula, MT, for the plaintiff-appellant.

Robert G. McCarthy, McCarthy Law Office, P.C., Butte, MT, for the defendant-appellee.

Before M. MARGARET McKEOWN and RICHARD R. CLIFTON, Circuit Judges, and WILLIAM W. SCHWARZER, District Judge.

OPINION

SCHWARZER, District Judge:

Progressive Casualty Insurance Company ("Progressive") appeals the district court's summary judgment in favor of Arlene Owen ("Arlene") and its denial of summary judgment in favor of Progressive. Progressive argues that the district court improperly rewrote an insurance policy issued to Owen Trucking to include Arlene as a named insured. Progressive also argues that the...

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