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Fire Insurance Exchange v. Weitzel

Fire Insurance Exchange v. Weitzel, 2016 MT 113 (May 17, 2016) (McKinnon, J.) (5-0, rev’d)

Issue: Whether the district court erred by concluding Fire Insurance Exchange (FIE) had a duty to defend Weitzel under the terms of the insurance policy.

Short Answer: Yes.

Reversed and remanded for entry of judgment in FIE’s favor

Facts: The estate of Ronny Groff brought suit against Jake Weitzel, alleging that Weitzel gained the trust of Groff, an elderly man, and then absconded with Groff’s property and assets over a number of years. Groff’s children hired Weitzel in 2010 to provide in-home care services to Groff and his wife, who died in 2011. Weitzel provided services until Ronny died in July 2013.

The estate’s complaint alleges that after Ronny’s wife died, Weitzel began to wrongfully exert control over Ronny and exploit him to her financial gain.  …