VAUGHT v. DAIRYLAND INS. CO.

No. 23354.

956 P.2d 674 (1998)

131 Idaho 357

Carolyn Joann VAUGHT and David Brian Vaught, Plaintiffs-Respondents-Cross Appellants, v. DAIRYLAND INSURANCE COMPANY, Defendant-Appellant-Cross Respondent.

Supreme Court of Idaho, Boise, November 1997 Term.

Rehearing Denied May 21, 1998.


Attorney(s) appearing for the Case

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

Hepworth, Lezamiz & Hohnhorst, Twin Falls, for respondent. Jeffrey J. Hepworth argued.


TROUT, Chief Justice.

This case addresses the question of whether an insurer who fails to intervene in a case in which its insured sues an uninsured motorist, is nonetheless bound by the decision in that suit.

I.

BACKGROUND

On October 8, 1991, a convoy of approximately 15 Air Force trucks and trailers left from a deployment near Mountain Home, Idaho to return to their home base near Ogden, Utah. The convoy became lost when the lead vehicle...

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