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RODGERS v. MONY LIFE INS. CO.

No. 04-545.

124 P.3d 137 (2005)

2005 MT 290

329 Mont. 289

Thomas E. RODGERS, Plaintiff and Appellant, v. MONY LIFE INSURANCE COMPANY, formerly known as The Mutual Life Insurance Company of New York, a foreign corporation; Defendant and Respondent.

Supreme Court of Montana.

Decided November 15, 2005.

Attorney(s) appearing for the Case

For Appellant: William G. Sternhagen, Sternhagen Law Firm, Helena, Montana.

For Respondent: Robert T. Bell, Reep & Bell, P.C., Missoula, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 Thomas Rodgers (Rodgers) appeals from an Order of the Thirteenth Judicial District, Yellowstone County, granting Respondent's motion for summary judgment. Respondent cross-appeals the District Court's denial of its costs. We affirm in part and reverse in part.

BACKGROUND

¶ 2 In 1983 Rodgers purchased a disability policy from defendant...

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