FAJEN v. ALLSTATE INSURANCE COMPANY

No. 11772.

538 P.2d 1190 (1975)

96 Idaho 886

Roy Estel FAJEN, Plaintiff-Appellant, v. ALLSTATE INSURANCE COMPANY, Defendant-Respondent.

Supreme Court of Idaho.

Rehearing Denied September 4, 1975.


Attorney(s) appearing for the Case

Lloyd J. Webb, of Webb, Pike, Burton & Carlson, Twin Falls, for plaintiff-appellant.

Craig Marcus, of Marcus & Marcus, Boise, for defendant-respondent.


SHEPARD, Justice.

This is an appeal from a summary judgment in favor of a defendant insurance carrier and against a plaintiff named as insured in the policy. The sole issue presented is the entry of summary judgment based on the "other insurance" defense advanced by the insurance carrier. We reverse.

On April 4, 1970 in the State of Nevada a Chevrolet automobile driven by one Billy Sublette collided with a Mercedes automobile driven by Wanda Fajen and this...

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