City of Bozemen v. Aiu Insurance Co

The City of Bozeman appeals from the granting of AIU Insurance Company’s motion for summary judgment on the basis of res judicata. We affirm.

Background

This is the fourth appeal before this Court arising out of Mark Story’s suit against the City of Bozeman. The City appealed Story’s first jury verdict (Story I) and then, after remand, appealed the second jury verdict (Story II). Bozeman also litigated the question of whether its insurer AIU had a duty to defend the City against Story’s claims. That matter was successfully appealed by AIU in what is known as AIU I. The background leading to the…