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SILVA v. FIRE INS. EXCHANGE

No. CV 85-13-M-CCL.

647 F.Supp. 1397 (1986)

Peggie Porter SILVA, formerly known as Peggie Porter, Plaintiff, v. FIRE INSURANCE EXCHANGE, Defendant.

United States District Court, D. Montana, Missoula Division.

November 14, 1986.

Attorney(s) appearing for the Case

Lon J. Dale, Milodragovich, Dale & Dye, Missoula, Mont., for plaintiff.

Donald Murray, Murphy, Robinson, Heckathorn & Phillips, Kalispell, Mont., for defendant.

MEMORANDUM AND ORDER

LOVELL, District Judge.

This is a first-party bad faith action arising out of a fire that destroyed a residential premises owned by plaintiff and insured by defendant. The case is before the Court on defendant's motion for summary judgment. Fed.R.Civ.P. 56. The motion has been briefed and argued, and is ripe for disposition.

I. BACKGROUND

Both parties concede, and the record indicates, that the fire at issue was of...

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