SMITH v. FARMERS UNION MUT. INS. CO.

No. DA 10-0638.

260 P.3d 163 (2011)

2011 MT 216

Patrick and Pamela SMITH, Plaintiffs and Appellants, v. FARMERS UNION MUTUAL INSURANCE COMPANY, Defendant and Appellee.

Supreme Court of Montana.

Decided August 30, 2011.


Attorney(s) appearing for the Case

For Appellants: E. Casey Magan ; Russell Scott Waddell ; Waddell & Magan, P.C.; Bozeman, Montana.

For Appellee: Douglas J. Wold ; Wold Law Firm, P.C.; Polson, Montana.


Justice BETH BAKER delivered the Opinion of the Court.

¶ 1 Plaintiffs Patrick and Pamela Smith (the "Smiths") appeal the judgment of the Eleventh Judicial District Court, granting Defendant Farmers Union Mutual Insurance Company's ("FUMIC") motion for summary judgment and denying plaintiffs' motion for partial summary judgment. The following issues are presented on appeal:

¶ 2 1. Whether the District Court erred in granting summary judgment...

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