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LINCOLN COUNTY PORT AUTHORITY v. ALLIANZ

No. DA 12-0519.

315 P.3d 934 (2013)

2013 MT 365

LINCOLN COUNTY PORT AUTHORITY, Plaintiff and Appellee, v. ALLIANZ GLOBAL RISKS U.S. INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of Montana.

Submitted September 25, 2013.

Decided December 10, 2013.

Rehearing Denied January 14, 2014.

Attorney(s) appearing for the Case

For Appellant: Robert J. Phillips (argued), Phillips Haffey PC; Missoula, Montana, G. Brian Odom , Kerry K. Brown , David B. Winter , Zelle Hofmann Voelbel & Mason LLP; Dallas, Texas, Gary M. Zadick , Ugrin, Alexander, Zadick & Higgins PC; Great Falls, Montana.

For Appellee: R. Allan Payne (argued), Jacqueline R. Papez , Doney Crowley Payne Bloomquist P.C.; Helena, Montana.

For Amicus Curiae: Michael W. Sehestedt , General Counsel for the Montana Association of Counties; Helena, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Appellant Allianz Global Risks U.S. Insurance Company (Allianz) appeals the decision of the Nineteenth Judicial District Court, Lincoln County. The District Court entered summary judgment in favor of Appellee Lincoln County Port Authority (Port) on the issue of whether the Port qualified as an insured under the Allianz insurance policy. The District Court also granted the Port's motion to dismiss Allianz...

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