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JOSEPH v. WILMERDING

No. CV 11-109-M-DWM-JCL.

874 F.Supp.2d 951 (2012)

Theresa JOSEPH and Leah Joseph, Plaintiff; v. Walter WILMERDING, in his fiduciary capacity and in his individual capacity, Defendants.

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

July 9, 2012.

Attorney(s) appearing for the Case

Joshua S. Van De Wetering, Laura M. Reed, Johnna K. Baffa, Van De Wetering & Baffa, Missoula, MT, for Plaintiff.

Maxon R. Davis, Jeffry M. Foster, Davis Hatley Haffeman & Tighe, Great Falls, MT, for Defendants.

ORDER

DONALD W. MOLLOY, District Judge.

The Josephs claim that Walter Wilmerding wrongfully failed to purchase homeowner's insurance for the home that they lived in and failed to timely make repairs after a fire damaged the home. The home belongs to a trust, and Wilmerding is the trustee. Neither of the Josephs, though, are beneficiaries of that trust.

Judge Lynch recommends granting summary judgment in favor of Wilmerding on all claims except the...

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