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EMPIRE FIRE & MARINE INS. v. N. PACIFIC

No. 20459.

905 P.2d 1025 (1995)

127 Idaho 716

EMPIRE FIRE AND MARINE INSURANCE COMPANY, individually and as subrogee and as representative of Ricks Car Store and U-Save Auto Rental, Plaintiff-Respondent, v. NORTH PACIFIC INSURANCE COMPANY, Defendant-Appellant.

Supreme Court of Idaho, Pocatello, May 1994 Term.

August 10, 1995.

Attorney(s) appearing for the Case

Racine, Olson, Nye, Cooper & Budge, Pocatello, for appellant. William D. Olson argued.

Johnson Olson, Chtd., Pocatello, for respondent. Charles Johnson, III argued.

SUBSTITUTE OPINION THE COURT'S PRIOR OPINION DATED 06/23/95 IS HEREBY WITHDRAWN

SILAK, Justice.

This is an insurance coverage dispute. Losses from an auto collision were covered by two auto insurance policies, both of which contained "other insurance" clauses. The two companies that issued the policies contend the "other insurance" clause in their own, but not the other company's policy, should be enforced, and that the other company's policy should be considered...

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