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  5. 767 P.2d 824 (1989)
 

BLACK v. FIREMAN'S FUND AMERICAN INS.

Nos. 16879, 16908.

767 P.2d 824 (1989)

115 Idaho 449

James H. BLACK and Elaine Fenwick, Plaintiffs-Respondents, v. FIREMAN'S FUND AMERICAN INSURANCE COMPANY, Defendant-Appellant, James M. BLACK, Plaintiff-Respondent, v. Elaine FENWICK, Defendant, and Fireman's Fund American Insurance Company, Defendant-In-Intervention-Appellant.

Court of Appeals of Idaho.

Rehearing Denied December 12, 1988.

Attorney(s) appearing for the Case

John P. Howard, argued, and Robert W. Talboy, Quane, Smith, Howard & Hull, Boise, for defendant-appellant.

Harry C. De Haan, Twin Falls, for plaintiffs-respondents.

SUBSTITUTE OPINION

The Court's prior opinion, dated November 4, 1988, is hereby withdrawn.

WALTERS, Chief Judge.

This is a consolidated appeal in two related cases arising from an alleged personal injury occurring at an auction. The dispute presents two principal issues: first, whether the "business pursuit" exclusion to a homeowner's liability insurance policy relieved an insurer of its duty, under the...

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