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HAMILTON v. TRINITY UNIVERSAL INS. CO.

No. CV 06-72-M-DWM.

465 F.Supp.2d 1060 (2006)

Joe HAMILTON, Denise Hamilton, and Joseph ("Zack") Hamilton, Plaintiffs, v. TRINITY UNIVERSAL INSURANCE COMPANY and Unitrin Property and Casualty Insurance Group, Defendants.

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

November 16, 2006.

Attorney(s) appearing for the Case

Paul A. Sandry, Johnson Berg McEvoy & Bostock, Kalispell, MT, for Plaintiffs.

Gary L. Graham, Garlington, Lohn & Robinson, PLLP, Missoula, MT, for Defendants.

ORDER

MOLLOY, Chief Judge.

I. Introduction

Plaintiffs, Joe Hamilton, Denise Hamilton, and Joseph ("Zach") Hamilton, brought suit seeking underinsured motorist benefits from an automobile insurance policy issued by Defendant, Trinity Universal Insurance Company. Trinity denied coverage based on an exclusion in Plaintiffs' policy that prohibited coverage for uninsured vehicles owned by an insured. Trinity has filed a motion for summary judgment,...

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