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VIANI v. AETNA INSURANCE COMPANY

No. 10714.

501 P.2d 706 (1972)

95 Idaho 22

Lawrence G. VIANI, Plaintiff-Respondent, v. AETNA INSURANCE COMPANY, a corporation, et al., Defendants-Appellants.

Supreme Court of Idaho.

Concurring Opinion October 6, 1972.

Attorney(s) appearing for the Case

Moffatt, Thomas, Barrett & Blanton, Boise, for Aetna Ins. Co.

Elam, Burke, Jeppesen, Evans & Boyd, Boise, for Allstate Ins. Co.

Clemons, Skiles & Green, Boise, for American Casualty Co. of Reading, Pa.

Cosho, Humphrey & Southcombe, Boise, for plaintiff-respondent.

McFADDEN, Justice.

This case arises from a gunshot wound suffered by plaintiff-respondent Lawrence G. Viani due to the negligence of Andrew Bowles, the owner of the pistol. In an earlier, separate action Viani recovered a $14,622 judgment on a jury verdict returned against Bowles. That judgment has become final. Vaini thereafter brought this action against defendants-appellants Aetna Insurance Company (hereinafter "Aetna"), Allstate Insurance Company (hereinafter...

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