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SAFECO INS. CO. OF AMERICA v. TUNKLE

No. CV 97-92-M-DWM.

997 F.Supp. 1356 (1998)

SAFECO INSURANCE COMPANY OF AMERICA, Plaintiff, v. Lawrence G. TUNKLE and Cynthia H. Shott, as Conservator for the Estate of Gary A. Larson, Defendants.

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

March 20, 1998.

Attorney(s) appearing for the Case

Shelton C. Williams, Mark S. Williams, Williams & Ranney, PC, Missoula, MT, for Safeco Insurance Company of America, plaintiffs.

Paul C. Meismer, Carey, Meismer & McKeon, PLLP, Missoula, MT, Lon J. Dale, Milodragovich, Dale, Steinbrenner & Binney, PC, Missoula, MT, Cynthia K. Smith, Cederberg, Shott & Smith, Missoula, MT, for Lawrence G. Tunkle, Cynthia H. Shott, As Conservator for the Estate of Gary A. Larson, defendants.

ORDER & OPINION

MOLLOY, District Judge.

I. Introduction

In this declaratory judgment action, Safeco seeks a determination that it is not obligated to defend or to indemnify Lawrence Tunkle in a lawsuit brought against him by Gary Larson. The Motion for Summary Judgment (# 17) was filed on December 24, 1997. I heard oral argument on February 25, 1998. I find Safeco is obligated to defend Tunkle and to indemnify him if the state jury finds he...

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