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INTERMOUNTAIN GAS CO. v. INDUSTRIAL INDEM. CO.

No. 20029.

868 P.2d 510 (1994)

125 Idaho 182

INTERMOUNTAIN GAS COMPANY, Plaintiff-Appellant, v. INDUSTRIAL INDEMNITY COMPANY OF IDAHO, an Idaho corporation, Defendant-Respondent.

Court of Appeals of Idaho.

Petition for Review Denied March 9, 1994.

Attorney(s) appearing for the Case

Moffatt, Thomas, Barrett, Rock & Fields, Boise, for appellant. Richard C. Fields and Grant T. Burgoyne argued.

Quane, Smith, Howard & Hull, Boise, for respondent. Robert C. Moody argued.

SUBSTITUTE OPINION

The Court's prior opinion dated November 9, 1993, is hereby withdrawn.

WALTERS, Chief Judge.

This appeal addresses an insurer's obligation to defend and indemnify an insured under a policy covering negligent acts performed in the insured's administration of its employee benefit programs. The insured, Intermountain Gas Company (Intermountain), was sued by an employee, Armida Metcalf, who...

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