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CONSTRUCTION MGMT. SYSTEMS, INC. v. ASSURANCE CO.

No. 25927.

23 P.3d 142 (2001)

135 Idaho 680

CONSTRUCTION MANAGEMENT SYSTEMS, INC., an Idaho corporation, Plaintiff-Appellant, v. ASSURANCE COMPANY OF AMERICA, a New York corporation, Defendant-Respondent.

Supreme Court of Idaho.

April 30, 2001.

Attorney(s) appearing for the Case

Hamilton, Michaelson & Hilty, Nampa, for appellant. Terry M. Michaelson argued.

Troy Y. Nelson, Spokane, WA, argued for respondent.

WALTERS, Justice.

This is an appeal by Construction Management Systems, Inc. (CMS) from a summary judgment in favor of Assurance Company of America (Assurance). The district court held that Assurance did not owe CMS a duty to defend against a claim of copyright infringement. We affirm.

FACTUAL AND PROCEDURAL HISTORY

CMS designs and builds homes in the Treasure Valley. On March 4, 1998, CMS entered into a commercial general liability insurance agreement...

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