Hartford Acc. & Ind. Co. v. Viken

In Hartford Acc. & Ind. Co. v. Viken, 157 Mont. 93, 483 P.2d 266 (1971) the plaintiff insurance company issued a comprehensive general liability insurance policy to Spartan Lincoln-Mercury, an automobile dealership located in Missoula. On October 12, 1968, the Vikens purchased a used automobile from Spartan. On November 10, 1968, the automobile was involved in an accident. Following the accident, four lawsuits were filed seeking damages against the Vikens and Spartan. Hartford Accident and Indemnity filed a declaratory judgment action in Missoula County, seeking a declaration that the Vikens were not covered under the insurance policy issued to Spartan. The Vikens were residents of Lincoln County and filed a motion for change of venue asserting that the action had to be filed where they resided. The Court applied the contract venue statutes and ultimately addressed the issue of where claims were to be paid. The Court stated: The insurance contract in question does not specifically state where claims are to be paid, however it does describe "policy territory" as encompassing: '(1) the United States of America, its territories or possessions, or Canada, or; (2) international waters or air space; (3) anywhere in the world.' Taking these facts into consideration together with judicial knowledge of the custom of payment in the insurance business, it is obvious that payment of claims under this contract was to be made at the place of residence of those covered under the policy. Therefore, if defendants are found to be covered under the policy as a result of the declaratory judgment action, plaintiffs would be required to pay any claim at the place of defendant's residence in Lincoln County. (Id., 157 Mont. at 97.)