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STATE FARM MUT. AUTO. INS. CO. v. FREYER

No. DA 09-0523.

239 P.3d 143 (2010)

2010 MT 191

357 Mont. 329

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff and Appellee, v. Frank FREYER, as Personal Representative of the Estate of Heath Evans Freyer, and as Conservator of the Estate of Alicia Freyer, a Minor Child, and Vail Freyer, Defendants and Appellants.

Supreme Court of Montana.

Decided August 27, 2010.

Attorney(s) appearing for the Case

For Appellant Frank Freyer: Allan H. Baris , Moore, O'Connell & Refling, P.C., Bozeman, Montana.

For Appellant Vail Freyer: Daniel P. Buckley , Buckley Law Office, P.C., Bozeman, Montana.

For Appellee: Robert F. James, Cathy J. Lewis , Ugrin, Alexander, Zadick & Higgins, P.C., Great Falls, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Heath Freyer, his wife, Vail, and their daughter, Alicia, were involved in an automobile accident in October 2003. Heath was killed and Alicia was injured in the accident. Frank Freyer, Heath's father, was appointed personal representative of Heath's estate and conservator of Alicia's estate. Frank made a claim for benefits under Heath and Vail's State Farm policy. State Farm paid benefits in...

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