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STATE v. CONTINENTAL CAS. CO.

No. 20666.

879 P.2d 1111 (1994)

126 Idaho 178

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

Supreme Court of Idaho, Boise, May 1994.

August 22, 1994.

Attorney(s) appearing for the Case

Hall, Farley, Oberrecht and Blanton, Boise, for appellant/third party plaintiff-appellant. Michael P. Tone argued.

Larry EchoHawk, Idaho Atty. Gen., Cosho, Humphrey, Greener & Welsh, Boise, for respondent. Howard Humphrey argued.

SILAK, Justice.

This case involves a dispute over insurance coverage. After the State of Idaho paid $375,000 to settle a claim brought against Idaho State University (ISU), the State sought payment of insurance proceeds from Continental Casualty Company (Continental), which had issued ISU a liability policy covering the University against losses incurred as a result of lawsuits. When Continental refused to pay the State's demand, the State filed a declaratory judgment...

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