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CITY OF BOISE v. PLANET INS. CO.

No. 20788.

878 P.2d 750 (1994)

126 Idaho 51

CITY OF BOISE, an Idaho municipal corporation, Dirk Kempthorne and Ken Morss, Plaintiffs-Appellants, v. PLANET INSURANCE COMPANY, a Wisconsin corporation, Defendant-Respondent.

Supreme Court of Idaho, Boise, March 1994 Term.

Rehearing Denied August 25, 1994.

Attorney(s) appearing for the Case

Imhoff & Lynch, Boise, for appellants. Michael W. Moore, argued.

Cantrill, Skinner, Sullivan & King, Boise, for respondent. Robert D. Lewis, argued.

JOHNSON, Justice.

This is a municipal liability insurance case. We conclude that the insurance policy obligates the insurance company to pay damages awarded against the insured city, its mayor, and its fire chief, less the amount of self-insured retention.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS.

The City of Boise (the city) purchased a comprehensive insurance policy (the policy) from Reliance Insurance Company. The policy

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