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FARMERS INS. EXCHANGE v. JOHNSON

No. DA 09-0228.

224 P.3d 613 (2009)

2009 MT 442

354 Mont. 192

FARMERS INSURANCE EXCHANGE, an inter-insurance exchange; and Fire Insurance Exchange, an inter-insurance exchange, Petitioners, Counter-Defendants, and Appellees, v. Daniel JOHNSON, an individual; D and B Auto Parts, a business entity; and Linda Johnson, an individual, Respondents, Counter-Claimants, and Appellants.

Supreme Court of Montana.

Decided December 23, 2009.

Attorney(s) appearing for the Case

For Appellants: Quentin M. Rhoades; Sullivan, Tabaracci & Rhoades; Missoula, Montana.

For Appellees: James D. Johnson; Williams Law Firm, P.C.; Missoula, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Daniel Johnson, D and B Auto, and Linda Johnson (collectively Johnson) appeal the order of the District Court for the Fourth Judicial District, Missoula County, granting summary judgment in favor of Farmers Insurance Exchange and Fire Insurance Exchange (collectively Farmers) on Johnson's claims that Farmers breached its duties to defend and indemnify, committed constructive fraud, and violated the Montana...

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