Mathews v. Glacier General Assurance Co.

Defendant, Glacier General Assurance Company, appeals from an order of the Silver Bow County District Court granting plaintiff’s motions for judgment on the pleadings, and alternatively, summary judgment, and thereby awarding her $53,224 based on a fire insurance policy covering the plaintiff’s premises.

The primary question with which we are concerned is whether the plaintiff as the moving party in summary judgment carried the initial burden of proof to show that a question of material fact did not exist in relation to the defendant’s pleading of an affirmative defense that plaintiff had…