Smith v. Farmers Union Mutual Insurance

¶1 Plaintiffs Patrick and Pamela Smith (the “Smiths”) appeal the judgment of the Eleventh Judicial District Court, granting Defendant Farmers Union Mutual Insurance Company’s (“FUMIC”) motion for summary judgment and denying plaintiffs’ motion for partial summary judgment. The following issues are presented on appeal:

¶2 1. Whether the District Court erred in granting summary judgment to FUMIC.

¶3 2. Whether the District Court erred in denying Smiths’ motion for partial summary judgment.

¶4 We reverse the District Court on the first issue, and affirm the court’s ruling on the second issue.

FACTUAL…