Legal Opinion

Daly Ditches Irrigation District v. National Surety Corp.

Montana Supreme Court

Decided November 29, 1988No. 88-189PublishedCited by 15 opinions

1Opinion of the CourtJustice McDONOUGH

This appeal from the Fourth Judicial District, in and for the County of Ravalli, involves an insurer’s refusal to defend its insured. The appellant, Daly Ditches Irrigation District (Daly), appeals the decision of the District Court that the insurance policy provided by respondent, National Surety Corporation (Surety), carried no coverage for a claim made against Daly. We affirm.

The relevant facts are as follows: Daly’s former employee sued Daly for breach of the covenant of good faith and fair dealing, and for discharge from employment in violation of the public policy of the State of…

2Cases cited8 opinions

  1. McGroarty v. Great American InsuranceNew York Court of Appeals · 1975
  2. Northwestern National Casualty Co. v. PhalenMontana Supreme Court · 1979
  3. Tynes v. Bankers Life Co.Montana Supreme Court · 1986
  4. Commercial Union Insurance v. Superior CourtCalifornia Court of Appeal · 1987
  5. Mary & Alice Ford Nursing Home Co. v. Fireman's Insurance of NewarkAppellate Division of the Supreme Court of the State of New York · 1982

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3Cited by15 opinions

  1. Grindheim v. Safeco Insurance Co. of AmericaDistrict Court, D. Montana · 1995
  2. Smithway Motor Xpress, Inc. v. Liberty Mutual Insurance Co.Supreme Court of Iowa · 1992
  3. Counterpoint, Inc. v. Essex InsuranceMontana Supreme Court · 1998
  4. Peggy Troutt, Dba Little Joe's Tavern v. Colorado Western Insurance Company, Peggy Troutt, Dba Little Joe's Tavern,plaintiff-Appellant v. Colorado Western Insuran CecompanyCourt of Appeals for the Ninth Circuit · 2001
  5. Farmers Union Mutual Insurance v. RumphMontana Supreme Court · 2007

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