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OCCIDENTAL FIRE AND CASUALTY COMPANY v. COOK

No. 9934.

435 P.2d 364 (1967)

OCCIDENTAL FIRE AND CASUALTY COMPANY, a corp., Plaintiff-Appellant, v. Lloyd COOK, Robert Cook and Desmond Smith, Defendants-Respondents.

Supreme Court of Idaho.

December 20, 1967.

Attorney(s) appearing for the Case

Jerry V. Smith, Lewiston, for appellant.

D. K. Worden, Jr., Lewiston, Robert W. Peterson, Moscow, John H. Maynard, Lewiston, for respondents.

SMITH, Justice.

Appellant, hereinafter sometimes referred to as the Company, initiated this declaratory judgment action. The main issue was whether the Company owes a duty to respondent Robert Cook, as alleged tortfeasor in a two-car collision with respondent Desmond Smith, to defend against Smith's personal injury action by virtue of a commercial combination automobile policy issued by the Company to Lloyd Cook, insuring the motor vehicle, a Diamond T truck, driven...

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