Millers Mutual Insurance v. Strainer

This is an appeal from a declaratory judgment entered by the District Court of the First Judicial District, State of Montana, determining that Millers Mutual Insurance Company (Respondent) had no liability for coverage or defense to Anthony Strainer (Appellant). We vacate the judgment of the District Court.

On December 16, 1981, respondent brought a declaratory judgment action against appellant to determine the parties’ rights, liabilities and duties under a homeowner’s policy issued by respondent to appellant. Previously appellant had been named as a co-defendant with ASARCO, Inc., in a…