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STATE v. CONTINENTAL CAS. CO.

No. 18944.

829 P.2d 528 (1992)

121 Idaho 938

STATE of Idaho and Idaho State University, Plaintiffs-Respondents, v. CONTINENTAL CASUALTY COMPANY, Defendant-Third Party Plaintiff-Appellant, v. COMPASS INSURANCE COMPANY, Third Party Defendant-Respondent.

Supreme Court of Idaho, Boise, January 1991 Term.

Rehearing Denied May 21, 1992.

Attorney(s) appearing for the Case

Hall, Farley, Oberrecht & Blanton, Boise, and Peterson & Ross, Chicago, Ill., for defendant-third party plaintiff-appellant. Michael P. Tone argued.

Cosho, Humphrey, Greener & Welsh, Boise, for plaintiffs-respondents. Howard Humphrey argued.

BOYLE, Justice.

In this insurance coverage dispute the State of Idaho brought this action against Continental Casualty Company seeking declaratory relief and a money judgment for coverage under the terms of a Board of Education liability (BEL) insurance policy issued to Idaho State University (ISU) for the year 1981. In its action, the State of Idaho, for itself and on behalf of Idaho State University (ISU) seeks recovery for payments made by the Bureau of Risk

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