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MILLERS MUT. FIRE INS., ETC. v. ED BAILEY

No. 13857.

647 P.2d 1249 (1982)

103 Idaho 377

MILLERS MUTUAL FIRE INSURANCE COMPANY OF TEXAS, a corporation, Plaintiff-Respondent, v. ED BAILEY, INC., Formerly Known as B & G Urethane, Inc., a corporation, Defendant-Appellant.

Supreme Court of Idaho.

July 7, 1982.

Attorney(s) appearing for the Case

Richard K. Smith, Burley, for defendant-appellant.

Todd J. Wilcox and Peter J. Boyd of Elam, Burke, Evans, Boyd & Koontz, Boise, for plaintiff-respondent.

BISTLINE, Justice.

I.

This is a declaratory judgment action brought to determine whether plaintiff-respondent Millers Mutual Fire Insurance Company of Texas, Inc., [Millers] under the terms of a policy it issued to defendant-appellant Ed Bailey, Inc., [Bailey] is required to defend or indemnify Bailey, in a suit brought by third parties against Bailey. The parties stipulated to the following facts.

On June 1, 1974, Millers issued a comprehensive...

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