Mid Continent Casualty Company v. Engelke et al

Filing 78

ORDER GRANTING IN PART AND DENYING IN PART- READ ORDER FOR DETAILS 41 Motion for Summary Judgment; 44 Motion for Summary Judgment and 48 Motion for Partial Summary Judgments Signed by Judge Susan P. Watters on 6/27/2018. (AMC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
MID CONTINENT CASUALTY
COMPANY,

FILED
JUN 2 7 2018
us

District Court
Clerk,
District Of Montana
Billings

CV 17-41-BLG-SPW

Plaintiff,

OPINION and ORDER

vs.
ALAN ENGELKE, DRY PRAIRIE
RURAL WATER AUTHORITY, and
DOES 1-10,
Defendants.

Before the Court are Defendant Alan Engelke's Motion for Summary
Judgment (Doc. 41), Defendant Dry Prairie Rural Water Authority's Motion for
Summary Judgment (Doc. 44), and Plaintiff Mid Continent Casualty Company's
Motion for Partial Summary Judgment (Doc. 48). For the following reasons,
Defendants' motions are granted in part and denied in part, and Mid-Continent's
Motion for Partial Summary Judgment is granted in part and denied in part.
I.

Statement of Facts

In the fall of 2013, Dry Prairie hired Alan Engelke, an excavator in
northeastern Montana, to assist in extending Dry Prairie's water lines to real
property owned by Joseph Picard. (Doc. 55-5 at 12:18-23). Dry Prairie needed
1