General Insurance Co. of America v. Town Pump, Inc.

Town Pump appeals a decision of the Gallatin County District Court in which its insurer, General Insurance, was found liable for 50 percent of the covered damages resulting from a gasoline leak at one of its gas stations.

This is the fourth appeal concerning this gasoline leakage which occurred between 1973 and 1975. The facts of the matter are set forth in detail in our decision of Town Pump, Inc. v. Diteman (Mont. 1981), 622 P. 2d 212, 38 St. Rep. 54 (hereinafter Diteman). While a second recitation of the factual circumstances is not necessary, a review of the litigation history will place…