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McMINN v. PETERSON

No. 17497.

777 P.2d 1214 (1989)

116 Idaho 541

Dale McMINN, Plaintiff-Respondent, v. James Mark PETERSON, Defendant-Third Party Plaintiff-Appellant, and State Farm, Third Party Defendant-Respondent.

Court of Appeals of Idaho.

June 19, 1989.

Attorney(s) appearing for the Case

Jeff Stoker, Twin Falls, for third-party plaintiff-appellant, Peterson.

David Thompson, Dan Adamson & Associates, Jerome, for plaintiff-respondent, McMinn.

John A. Doerr, Doerr & Trainor, Twin Falls, for third-party defendant-respondent, State Farm.

WALTERS, Chief Judge.

This is an automobile liability insurance case. It is before us on certification for appeal (I.R.C.P. 54(b)) from an interlocutory order entered by the trial court dismissing a third-party complaint against the insurer, State Farm. The dispute presents two principal issues: first, whether the first-party coverage exception to an automobile owner's liability policy relieved the insurer of its duty to provide coverage to the insured; and second...

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