Lewis Ex Rel. Tafolia v. Mid-Century Insurance

MR. CHIEF JUSTICE JAMES T. HARRISON

delivered the opinion of the court.

This is an original proceeding brought pursuant to Rule 1 of the Rules of the Montana Supreme Court wherein the United States District Court has requested this Court to decide certain issues specified in its order of December 15, 1967. The facts of the case may be summarized as follows:

Duane Tafolla had an automobile accident while driving a vehicle owned by Martin Stulc. At the time of the accident Stulc and Duane’s wife, Darlene Tafolla, were passengers in the vehicle. Darlene was killed. The six minor children of Duane…