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STATE FARM FIRE AND CASUALTY COMPANY v. SCHWAN

No. DA 12-0641.

308 P.3d 48 (2013)

2013 MT 216

STATE FARM FIRE AND CASUALTY COMPANY, Plaintiff and Appellant, v. Daryl and Patricia SCHWAN, individually and as co-personal representatives of the Estate of Whitney Schwan, Defendants and Appellees.

Supreme Court of Montana.

Decided August 6, 2013.

Rehearing Denied September 11, 2013.

Attorney(s) appearing for the Case

For Appellant: Martha Sheehy ; Sheehy Law Firm; Billings, Montana.

For Appellee: Norman L. Newhall, III ; Linnell, Newhall, Martin & Schulke, PC; Great Falls, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 State Farm Fire and Casualty Company (State Farm Fire) sought a declaration that its homeowners policy excluded coverage for the vehicular death of Whitney Schwan (Whitney). Daryl Schwan and Patricia Schwan (Schwans), Whitney's parents and the co-personal representatives of her estate, counterclaimed that State Farm Fire was estopped from denying coverage because...

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