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TRINITY UNIVERSAL INS. CO. v. KIRSLING

No. 28581.

73 P.3d 102 (2003)

139 Idaho 89

TRINITY UNIVERSAL INSURANCE COMPANY, a foreign corporation, Plaintiff-Appellant, v. Benedict KIRSLING, Defendant, and Lynette Marco, Defendant-Respondent.

Supreme Court of Idaho, Boise, April 2003 Term.

July 2, 2003.

Attorney(s) appearing for the Case

Law Office of Susan K. Servick, P.C., Coeur d'Alene, for appellant. Susan K. Servick argued.

Evans, Craven & Lackie, P.S., Spokane, Washington, for respondent. Everett B. Coulter Jr. argued.

KIDWELL, Justice.

Trinity Universal Insurance Company (Trinity) filed suit against Benedict Kirsling (Kirsling) and Lynette Marco (Marco) to recover payment made under a fire insurance policy for damage to a residence. Trinity alleged that Kirsling's intentional act caused the loss. Marco contended that she was nonetheless allowed to recover under Trinity's insurance policy because she was an innocent co-insured. Trinity and Marco filed cross motions for summary judgment...

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