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TEMPERANCE INSURANCE EXCHANGE v. CARVER

No. 9063.

365 P.2d 824 (1961)

TEMPERANCE INSURANCE EXCHANGE, a corporation, Petitioner, v. Honorable John A. CARVER, Judge of the Fifth Judicial District, State of Idaho, Defendant.

Supreme Court of Idaho.

October 26, 1961.

Attorney(s) appearing for the Case

McDevitt & McDevitt, Pocatello, for petitioner.

O. R. Baum, Ben Peterson, Ruby Y. Brown, Black & Black, Pocatello, for defendant.

TAYLOR, Chief Justice.

Petitioner alleges that about March 17, 1958, it issued a policy of liability insurance to one Coburn, indemnifying him against liability for injuries resulting to third parties from the operation of his automobile; that on November 9, 1958, Coburn so operated his automobile that it collided with a car being operated by one Baxter, resulting in the death of Baxter and his wife; that the insured and the injured parties claim a right of recovery...

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