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ROBERTUS v. FARMERS UNION MUT. INS. CO.

No. DA 07-0076.

189 P.3d 582 (2008)

2008 MT 207

344 Mont. 157

Dyllon R. ROBERTUS, Plaintiff and Appellant, v. FARMERS UNION MUTUAL INSURANCE COMPANY, Defendant, Appellee, and Cross-Appellant.

Supreme Court of Montana.

Decided June 16, 2008.

Rehearing Denied July 22, 2008.

Attorney(s) appearing for the Case

For Appellant: Steven J. Harman and Donald L. Harris, Cozzens, Harman, Warren & Harris, Billings, Montana.

For Appellee: Guy W. Rogers and Matthew I. Tourtlotte, Brown Law Firm, Billings, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Dyllon Robertus (Robertus) appeals from an order of the Thirteenth Judicial District, Yellowstone County, denying his motion for summary judgment. Farmers Union Mutual Insurance Company (Farmers Union) cross-appeals from the District Court's judgment following a jury trial. We reverse and remand for new trial.

¶ 2 Robertus presents the following issues for review:

¶ 3 Whether...

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