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PROGRESSIVE DIRECT INS. CO. v. STUIVENGA

No. DA 11-0520.

276 P.3d 867 (2012)

2012 MT 75

364 Mont. 390

PROGRESSIVE DIRECT INSURANCE COMPANY, Interpleader Petitioner and Plaintiff, v. Casey Michael STUIVENGA, Interpleader Respondent, Defendant and Appellee, and Britni Rose Evans, Interpleader Respondent, Defendant and Appellant.

Supreme Court of Montana.

Decided April 10, 2012.

Attorney(s) appearing for the Case

For Appellant: Wade J. Dahood , Jeffrey W. Dahood , Knight, Dahood, Everett & Sievers, Anaconda, Montana.

For Appellee: John C. Doubek , Doubek, Pyfer & Fox, LLP, Helena, Montana.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Casey M. Stuivenga and Britni R. Evans were injured in a single-vehicle accident. Stuivenga and Evans were the only occupants of the vehicle—a 2006 Dodge Ram pickup owned by Stuivenga. Stuivenga claimed that Evans was driving at the time of the accident and was liable to Stuivenga for his injuries. Conversely, Evans claimed that Stuivenga was driving...

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