Legal Opinion
Westchester Surplus Lines Insurance v. Keller Transport, Inc.
Montana Supreme Court
Decided January 12, 2016No. DA 14-0278PublishedCited by 5 opinions
1Opinion of the CourtJustice Rice
¶1 Westchester Surplus Lines Insurance Company (Westchester) appeals from orders entered by the Fourth Judicial District Court, Missoula County, in this declaratory action that granted summary judgment against Westchester and in favor of its insureds, Keller Transport, Inc. (Keller), and Wagner Enterprises, LLC (Wagner). We affirm in part and reverse in part. We address the following issues on appeal:
1. Did the District Court err by determining that Westchester’s policy was ambiguous and that it provided an additional $4 million in coverage under the “general aggregate” limit?
2. Did the…
2Cases cited16 opinions
- Weyerhaeuser Co. v. Commercial Union Ins.Washington Supreme Court · 2001
- Olin Corp. v. American Home Assurance Co.Court of Appeals for the Second Circuit · 2012
- Staples v. FARMERS UNION MUTUAL INSURANCE COMPANYMontana Supreme Court · 2004
- Tidyman's Manangement Services Inc. v. DavisMontana Supreme Court · 2014
- Carolina Casualty Insurance v. YeatesCourt of Appeals for the Tenth Circuit · 2009
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3Cited by5 opinions
- Draggin' Y Cattle Co. v. Junkermier, Clark, Campanella, Stevens, P.C.Montana Supreme Court · 2019
- J & C Moodie Properties, LLC v. DeckMontana Supreme Court · 2016
- Boulter v. Hartford Fire Ins. Co.District Court, D. Montana · 2018
- National Indemnity v. StateMontana Supreme Court · 2021
- Westchester Surplus Lines Insurance v. Keller Transport, Inc.Montana Supreme Court · 2016