American Family Mutual Insurance v. Livengood

¶ 1 American Family Mutual Insurance Company (American Family) filed a declaratory judgment action in the Seventh Judicial District Court, Dawson County, seeking a determination of the effect of a “nonowned automobile exclusion” in the policy issued to its insured, Nancy Henninger (Henninger). The District Court granted American Family’s motion for summary judgment, concluding that the “nonowned automobile exclusion” is valid and excludes coverage for Henninger in the related negligence action commenced by Ross and Brenda Livengood (the Livengoods). Judgment was entered accordingly, the…