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UNION v. ILLINOIS R.B. JONES, INC.

No. 21468.

917 P.2d 1300 (1996)

128 Idaho 660

UNION WAREHOUSE AND SUPPLY CO., INC., and incorporated association, Plaintiff-Respondent, v. ILLINOIS R.B. JONES, INC., a corporation; and Steven Bruce Booker, for himself and those other underwriters at Lloyd's, London, binding certain Seedsmen's Errors and Omissions Coverage, and Signatory to Certificate # AH404071, Defendants, Third-Party Plaintiffs-Appellants, and Mutual Service Casualty Insurance Company, Third-Party Defendant-Respondent.

Supreme Court of Idaho, North Idaho, October 1995 Term.

June 5, 1996.

Attorney(s) appearing for the Case

Evans, Keane, Boise, for appellants. Bruce C. Jones, argued.

Dee, MacGregor & Fales, Grangeville, for respondent Union Warehouse and Supply Co., Inc. Wayne C. MacGregor, argued.

Keefe, King & Bowman, Spokane, Washington, for respondent Mutual Service Casualty Insurance Co. David A. Goicoechea, argued.

TROUT, Justice.

This is an insurance coverage dispute arising from the sale of contaminated winter wheat seed.

I.

BACKGROUND

The respondent, Union Warehouse and Supply Co. (Union), is a cooperative marketing association that purchases, stores, and sells seed to farmers in the Grangeville area. Union was insured under three insurance policies: (1) a Comprehensive General Liability (CGL) policy issued by Mutual Service Casualty Insurance...

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