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HOYLE v. UTICA MUT. INS. CO.

No. 27142.

48 P.3d 1256 (2002)

137 Idaho 367

Richard W. HOYLE, for himself and as an employee for First Security Insurance, Inc., d/b/a Hoyle Insurance, and Hoyle & Associates Insurance, Inc., an Idaho corporation, now known as Winston Incorporated Network, d/b/a Wincorp, Plaintiffs-Appellants, v. UTICA MUTUAL INSURANCE COMPANY, a New York corporation, and Employers Reinsurance Corporation, a Missouri corporation, Defendants-Respondents.

Supreme Court of Idaho, Boise, February 2002 Term.

June 6, 2002.

Attorney(s) appearing for the Case

Reed & Giesa, P.S., Spokane; Goicoechea Law Offices, Chtd., Boise, for appellants. John P. Giesa argued.

Brassey, Wetherell, Crawford & McCurdy, Boise; Paine, Hamblen, Coffin, Brooke & Miller, Coeur d'Alene; Arnall, Golden & Gregory, LLP, Atlanta, for respondents. Robert T. Wetherell for Utica Mutual Insurance Company and Scott F. Bertschi for Employers Reinsurance Corporation, argued.

TROUT, Chief Justice.

Richard W. Hoyle ("Hoyle") and Hoyle & Associates Insurance, Inc. ("HAII") appeal the district judge's order granting summary judgment in favor of Utica Mutual Insurance Company ("Utica") and Employers Reinsurance Corporation ("ERC").

I.

FACTUAL AND PROCEDURAL BACKGROUND

HAII is an insurance agency/brokerage firm formed by Hoyle in 1979. On January 1, 1996, HAII...

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