Bailey v. State Farm Mutual Automobile Insurance

¶34 In my view, the record establishes that the District Court correctly granted summary judgment to the Defendants.

¶35 “The party moving for summary judgment has the initial burden of proving that no genuine issues of material fact exist.... The burden then shifts to the non-moving party to prove by more than mere denial and speculation that a genuine issue of material fact exists.” Brown & Brown of MT, Inc. v. Raty, 2012 MT 264, ¶ 17, 367 Mont. 67, 289 P.3d 156 (citing Myers v. Dee, 2011 MT 244, ¶ 10, 362 Mont. 178, 261 P.3d 1054). State Farm presented sufficient evidence to carry its…