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BUTTERFIELD v. WESTERN CASUALTY & SURETY CO.

No. 8914.

357 P.2d 944 (1960)

William Ray BUTTERFIELD, a minor, who sues by his next friend, Ellen Weatherston, Plaintiff-Respondent, v. WESTERN CASUALTY & SURETY CO., a corporation, Defendant-Appellant. Clayton RUMSEY, a minor, by his next friend, Layne Rumsey, Plaintiff-Respondent, v. WESTERN CASUALTY & SURETY CO., a corporation, Defendant-Appellant.

Supreme Court of Idaho.

December 22, 1960.

Attorney(s) appearing for the Case

St. Clair, St. Clair & Hansen, Idaho Falls, for appellant.

Merrill & Merrill, Pocatello, for respondent, William Ray Butterfield, a minor, Hugh C. Maguire, Jr., Pocatello, for Clayton Rumsey, a minor, respondent.

McFADDEN, Justice.

Appellant Western Casualty & Surety Co., issued a policy of insurance to the Johnson Motor Company, of Rexburg, Idaho. This policy covered a certain 1954 Ford automobile. The automobile medical payments endorsement on the policy provided:

"The company agrees with the named insured, subject to the limit of liability, exclusions, conditions and other terms of this endorsement: "Insuring Agreement "1. Automobile Medical...

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