MODROO v. NATIONWIDE MUT. FIRE INS. CO.

No. DA 07-0096.

191 P.3d 389 (2008)

2008 MT 275

345 Mont. 262

Mary J. MODROO, individually and as Personal Representative of the Estate of Mamie J. Hardy, deceased, Estate of Mamie J. Hardy, and Cassius H. Hardy, Plaintiffs and Appellants, v. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Nationwide Agribusiness Insurance Company, Farmland Mutual Insurance Company, and Max Lemaire, Defendants and Appellees.

Supreme Court of Montana.

Decided August 5, 2008.


Attorney(s) appearing for the Case

For Appellants: James L. Jones, Kyle A. Gray; Holland & Hart LLP; Billings, Montana, (for Mary J. Modroo & Estate of Mamie J. Hardy), David R. Paoli, Heather M. Latino, John A. Kützman; Paoli, Latino & Kutzman, P.C.; Missoula, Montana, (for Cassius H. Hardy).

For Appellees: Gary L. Graham, David C. Berkoff; Garlington, Lohn & Robinson, PLLP; Missoula, Montana, (for Nationwide Mutual Fire Insurance Company).


Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Mary J. Modroo, the Estate of Mamie J. Hardy (collectively, Modroo), and Cassius H. Hardy appeal from the District Court's rulings on several motions for summary judgment and motions to dismiss. We reverse and remand.

¶ 2 We restate the issues as follows:

¶ 3 Did the District Court err when it concluded that Mamie was not an "insured" under the Farmowners policy?

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