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PARK PLACE APARTMENTS v. FARMERS UNION

No. DA 10-0226.

247 P.3d 236 (2010)

2010 MT 270

358 Mont. 394

PARK PLACE APARTMENTS, L.L.C., Plaintiff and Appellant, v. FARMERS UNION MUTUAL INSURANCE COMPANY, William F. Wilhelm, and Montana Farmers Union Insurance Agency, Inc. Defendants and Appellees, William F. Wilhelm, Third-Party Plaintiff and Appellee, v. Whitefish Insurance Agency, Inc., a Montana Corporation, Third-Party Defendant and Appellee.

Supreme Court of Montana.

Decided December 21, 2010.

Attorney(s) appearing for the Case

For Appellant: Terry N. Trieweiler ; Trieweiler Law Firm; Whitefish, Montana.

For Appellees: Steven J. Fitzpatrick , William J. Gregoire ; Smith, Walsh, Clarke & Gregoire, PLLP; Great Falls, Montana (William F. Wilhelm), James R. Halverson ; Halverson & Gilbert, P.C.; Billings, Montana (Montana Farmers Union Insurance Agency, Inc.), Guy W. Rogers , Matthew I. Tourtlotte ; Brown Law Firm, P.C.; Billings, Montana (Whitefish Insurance Agency, Inc.), Douglas J. Wold ; Wold Law Firm, P.C.; Polson, Montana (Farmers Union Mutual Insurance Company).

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

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

¶ 1 Plaintiff and Appellant Park Place Apartments, LLC ("PPA") appeals from the order of Flathead County District Court granting summary judgment in favor of Farmers Union Mutual Insurance Company (FUMIC) and its former agent Bud Wilhelm (Wilhelm), and denying PPA's cross-motion for summary judgment. PPA sued FUMIC, Wilhelm, and Montana Farmers Union Insurance Agency (MFU) when FUMIC denied coverage...

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