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

No. DA 12-0346.

305 P.3d 861 (2013)

2013 MT 208

Kathleen C. FISHER, a Limited Conservator for the Estate of Sharon McCARTNEY, a protected person, Sharon McCartney, and Leslie D. McCartney, Plaintiffs and Appellees, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a Delaware Corporation, and State Farm Fire and Casualty Company, Defendants, Cross-claim Defendants and Appellants.

Supreme Court of Montana.

Decided July 30, 2013.


Attorney(s) appearing for the Case

For Appellants: Robert F. James ; Cathy J. Lewis (argued); Ugrin, Alexander, Zadick & Higgins, P.C.; Great Falls, Montana.

For Appellees Kathleen Fisher and Sharon McCartney: Travis W. Kinzler (argued); Julieann McGarry ; Cok Kinzler, PLLP; Bozeman, Montana.

For Appellee Leslie McCartney: William R. Bieler (argued); Burk, Lee & Bieler, PLLC; Choteau, Montana Lyman H. Bennett, III ; Attorney at Law; Bozeman, Montana.

For Amicus Property Casualty Insurers Association of America and National Association of Mutual Insurance Companies: Martha Sheehy (argued); Sheehy Law Firm; Billings, Montana.

For Amicus Montana Trial Lawyers Association: Amy Poehling Eddy ; Bottomly Eddy & Sandler, PLLP; Kalispell, Montana, Gregory S. Munro ; Attorney at Law; Missoula, Montana.


Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Sharon McCartney (Sharon) and Leslie McCartney (Les), wife and husband, sought declaratory relief that Les's umbrella policy with State Farm Fire and Casualty Company (State Farm) provided coverage for injuries sustained by Sharon as a result of Les's negligent driving. State Farm answered that there was no coverage for Sharon's claim due to a family member exclusion in the umbrella policy. The Eighteenth...

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