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MUTUAL OF ENUMCLAW INS. v. WOOD BY-PRODUCTS

No. 14842.

695 P.2d 409 (1984)

107 Idaho 1024

MUTUAL OF ENUMCLAW INSURANCE COMPANY, a corporation, Plaintiff-Appellant, v. WOOD BY-PRODUCTS, INC., a corporation, Eddie Lee Lupinacci, Frank Lupinacci, Odetta M. Ward and Dorothy Kelby, and Transit Casualty Company, Defendants-Respondents.

Court of Appeals of Idaho.

November 16, 1984.

Attorney(s) appearing for the Case

Jerry V. Smith, of Lewiston, for plaintiff-appellant.

James W. Givens, of Lewiston, for defendant-respondent Wood By-Products, Inc.

Daniel W. O'Connell and Loren J. Eddy, of Ware, Stellmon, O'Connell & Stellmon, Lewiston, for defendant-respondent Transit Casualty Company. Mr. Givens and Mr. Eddy argued.

WALTERS, Chief Judge.

Mutual of Enumclaw appeals from a declaratory judgment determining that a 1967 International dump truck owned by Wood By-Products, Inc., was covered by a policy of insurance issued to an affiliated company, Zirbel Transport, Inc. Mutual of Enumclaw asserted that there was no coverage, in part because the property listed in the policy included a 1959 International truck but not the 1967 truck. The case was submitted to the trial judge on stipulated...

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