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SCENTRY BIOLOGICALS, INC. v. MID-CONTINENT CAS. CO.

No. DA 13-0415.

319 P.3d 1260 (2014)

2014 MT 39

SCENTRY BIOLOGICALS, INC., Plaintiff and Appellee, v. MID-CONTINENT CASUALTY COMPANY, Defendant and Appellant, Wilbur-Ellis Company and Applewood Orchards, Inc., Plaintiffs in Intervention and Appellees.

Supreme Court of Montana.

Decided February 18, 2014.

Rehearing Denied March 18, 2014.

Attorney(s) appearing for the Case

For Appellant: Allan H. Baris , Moore, O'Connell & Refling, P.C., Bozeman, Montana, Levon G. Hovnatanian , Christopher W. Martin , Ethan D. Carlyle , Martin, Disiere, Jefferson & Wisdom, L.L.P., Houston, Texas.

For Appellees: Donald L. Harris , Tucker P. Gannett , Harris & Warren, PLLP, Billings, Montana (for Scentry Biologicals, Inc.). Gregory `Greg' G. Murphy , Attorney at Law, Billings, Montana (for Wilbur-Ellis Company), Paul D. Odegaard , Odegaard Law Firm, Billings, Montana (for Applewood Orchards, Inc.).

Justice PATRICIA COTTER delivered the Opinion of the Court.

¶ 1 Appellant Mid-Continent Casualty Company provided comprehensive general liability insurance to Scentry Biologicals, a Delaware corporation licensed to do business in Montana. Scentry is the manufacturer of NoMate, a pest control product designed to protect various agricultural crops from destructive insects by thwarting the insects' mating activities. Applewood...

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