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ESTEROVICH v. CITY OF KELLOGG

No. 27579.

80 P.3d 1040 (2003)

139 Idaho 439

Ladina M. EXTEROVICH and Anthony R. Exterovich, wife and husband, Plaintiffs, and Ruby Burress and Perry J.C. Burress, wife and husband, Plaintiffs-Respondents, v. CITY OF KELLOGG, an Idaho municipal corporation, Defendant. City of Kellogg, an Idaho municipal corporation, Third-Party Plaintiff, v. Idaho Counties Risk Management Program, Underwriters, Third-Party Defendant-Appellant.

Supreme Court of Idaho, Coeur d'Alene, October 2003 Term.

November 20, 2003.

Attorney(s) appearing for the Case

Anderson, Julian & Hull, Boise, and Hall, Farley, Oberrecht & Blanton, Boise, for appellant. Phillip J. Collaer argued.

Evans, Craven & Lackie, P.S., Spokane, Washington, for respondents. Hugh O. Evans argued.

EISMANN, Justice.

This is an appeal from a partial judgment entered against the insured after the insured stipulated to liability and the district court denied the insurer's request to participate in the evidentiary hearing regarding damages. We vacate the judgment and remand this case for further proceedings.

I. FACTS AND PROCEDURAL HISTORY

On March 22, 1994, the Public Works Department of the City of Kellogg (City) tested the City's sewer system...

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