AETNA CAS. & SUR. v. MUTUAL OF ENUMCLAW

No. 18939.

826 P.2d 1315 (1992)

121 Idaho 603

AETNA CASUALTY & SURETY COMPANY, a foreign corporation, and C.A. (Skip) Smyser, Plaintiffs-Respondents-Cross Appellants, v. MUTUAL OF ENUMCLAW INSURANCE COMPANY, a foreign corporation, Defendant-Appellant-Cross Respondents.

Supreme Court of Idaho, Boise, January 1992 Term.

March 2, 1992.


Attorney(s) appearing for the Case

Cantrill, Skinner, Sullivan & King, Boise, for defendant-appellant-cross-respondents. Robert D. Lewis argued.

Imhoff & Lynch, Boise, Idaho, attorneys for plaintiffs-respondents-cross-appellants. James B. Lynch argued.


McDEVITT, Justice.

The issues to be resolved are:

I. Was the district court correct in ruling that an insurer who has performed its duty to defend may require contribution for the cost of the defense from another insurer who has a duty to defend the same insured and has defended but has not incurred equivalent costs in doing so?

II. Was the district court correct in ruling that the question of indemnification coverage is immaterial in the present action...

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