Empire Fire & Marine Insurance Co. v. Goodman

MR. CHIEF JUSTICE JAMES T. HARRISON

delivered the Opinion of the Court.

This is an appeal by the plaintiff in a declaratory judgment proceeding in which the district court of Deer Lodge County granted the defendant’s motion to dismiss on the ground the complaint failed to state a claim upon which relief could be granted.

It appears that on November 3, 1962, the plaintiff-appellant insurance company issued an automobile liability policy to the defendant-respondent Goodman effective through the ensuing year. During the life of the policy, on September 10, 1963, the defendant was involved in an…