American Family Mutual Ins. v. Livengood

¶ 1 American Family Mutual Insurance Company (American Family) filed a declaratory judgment action in the Seventh Judicial District Court, Dawson County, seeking a determination of the effect of a "non-owned automobile exclusion" in the policy issued to its insured, Nancy Henninger (Henninger). The District Court granted American Familys motion for summary judgment, concluding that the "non-owned automobile exclusion" is valid and excludes coverage for Henninger in the related negligence action commenced by Ross and Brenda Livengood (the Livengoods). Judgment was entered accordingly, the Livengoods appeal and we affirm.