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AMES CONST., INC. v. INTERMOUNTAIN INDUS., INC.

No. CV-08-164-M-DWM.

712 F.Supp.2d 1160 (2010)

AMES CONSTRUCTION, INC., Plaintiff, v. INTERMOUNTAIN INDUSTRIAL, INC. and Maxum Indemnity Company, Defendants. Intermountain Industrial, Inc., Third Party Plaintiff, v. Western States Insurance Agency, Inc., Third Party Defendant.

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

April 28, 2010.

Attorney(s) appearing for the Case

John F. Haffey, Robert J. Phillips, Phillips Law Firm, Missoula, MT, for Plaintiff.

Christian T. Nygren, Philip B. Condra, Milodragovich Dale Steinbrenner & Nygren, C.J. Johnson, Kalkstein & Johnson, Missoula, MT, for Defendants and Third Party Plaintiff.

Bradley J. Luck, Isaac M. Kantor, Garlington, Lohn & Robinson, PLLP, Missoula, MT, for Third Party Defendant.

ORDER

DONALD W. MOLLOY, District Judge.

I. Introduction

Plaintiff, Ames Construction, Inc. ("Ames"), brought this case against Intermountain Industrial, Inc. ("Intermountain") and Maxum Indemnity Company ("Maxum"). Ames alleged that Intermountain failed to obtain insurance for Ames as required in a contract between the parties. As a secondary matter it asserts that Maxum was required to defend Ames in an underlying state lawsuit. After being sued...

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