BRITTON v. FARMERS INS. GROUP

No. 84-322.

721 P.2d 303 (1986)

Bill BRITTON, Cross-Claimant, Respondent and Cross-Appellant, v. FARMERS INSURANCE GROUP (TRUCK INSURANCE EXCHANGE), Cross-Defendant, Appellant and Cross-Respondent.

Supreme Court of Montana.

Decided April 17, 1986.

Rehearing Denied August 7, 1986.


Attorney(s) appearing for the Case

Murphy, Robinson, Heckathorn & Phillips, Dana L. Christensen and Donald R. Murray argued, Kalispell, for Bill Britton.

Milodragovich, Dale & Dye, Lon J. Dale argued, Missoula, F. Lloyd Ingraham, Ronan, for Farmers Ins. Group.


SHEEHY, Justice.

We determine principally in this case that an insurer must meet the standard of a lawful basis for refusal to decline payment of an insured's claim for an insured's loss; and that reliance by the insurer on inadmissible evidence of arson by the insured in declining payment of an insured's loss does not meet the standard of a lawful basis for refusal of the insured's claim.

Farmers Insurance Group (FIG) appeals a judgment granting Bill E. Britton...

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