JAMES KELLY COAKLEY

Petitioner

vs.

ITT HARTFORD INSURANCE COMPANY and
STATE COMPENSATION INSURANCE FUND

Respondents/Insurers for

OLSTEN STAFFING and McCALL POOLS

Employers.

The State Fund has moved for judgment on the pleadings, arguing that petitioner seeks no relief against it. Certainly, the petition is aimed at ITT Hartford Insurance Company, but ITT has alleged in its response that the State Fund may be liable for benefits if petitioner proves his case. Answer of Respondent/insurer Itt-hartford to Amended Petition for Trial, ¶ 7.d. In his brief opposing the present motion, petitioner agrees that the State Fund, rather than ITT, may be liable if he proves his case.

While the Amended Petition for Trial may not set forth any specific request for relief against the State Fund, this Court declines to adopt a hyper-technical approach to pleading. It is sufficient that one or more of the documents served on the adverse party give fair notice regarding the issue or claim. Allegations that the State Fund may be liable to petitioner are contained in ITT's response and petitioner's brief. Since the issue of the State Fund's liability is raised, albeit in a roundabout way, the motion is denied.

Dated in Helena, Montana, this 16th day of November, 1995.

(SEAL)

/S/ Mike McCarter
JUDGE

c: Mr. Paul E. Toennis
Mr. William O. Bronson
Mr. Charles G. Adams
Submitted Date: November 8, 1995