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MONROE v. COGSWELL AGENCY

No. DA 09-0242.

234 P.3d 79 (2010)

2010 MT 134

356 Mont. 417

Eleanor MONROE, Individually and as the Personal Representative of the Estate of Hugh Monroe, Plaintiff and Appellant, v. COGSWELL AGENCY and Safeco Insurance Company of Illinois, Defendants and Appellees.

Supreme Court of Montana.

Decided June 9, 2010.

Attorney(s) appearing for the Case

For Appellant: Thomas A. Marra (argued); Marra, Sexe, Evenson & Bell, P.C.; Great Falls, Montana.

For Appellees: Richard E. Gillespie (argued); Keller, Reynolds, Drake, Johnson & Gillespie, P.C.; Helena, Montana (Attorneys for Cogswell Agency), Carey Matovich (argued); Eric E. Holm; Matovich & Keller, P.C.; Billings, Montana (Attorneys for Safeco Insurance Company).

For Amicus Montana Trial Lawyers Association: Lawrence A. Anderson, P.C. (argued); Attorney at Law; Great Falls, Montana, Amy Eddy; Bottomly & Eddy Trial Attorneys, PLLP; Kalispell, Montana.

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

¶ 1 Appellant Eleanor Monroe (Monroe) appeals from the decision of the Eighth Judicial District Court, Cascade County, denying her underinsured motor vehicle coverage and granting summary judgment in favor Safeco Insurance Company (Safeco) and Cogswell Agency (Cogswell). We affirm in part, reverse in part and remand for further proceedings.

¶ 2 We consider the following issues on appeal...

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