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EMPLOYERS MUT. CAS. CO. v. DONNELLY

No. 38623.

300 P.3d 31 (2013)

EMPLOYERS MUTUAL CASUALTY COMPANY, Plaintiff-Appellant, v. David DONNELLY and Kathy Donnelly, husband and wife, Defendants-Respondents, and Rimar Construction, Inc., an Idaho corporation; Ivan Rimar, an individual, Defendants.

Supreme Court of Idaho, Boise, December 2012 Term.

April 19, 2013.

Attorney(s) appearing for the Case

Ringert Law, Chtd., Boise, for appellant. James G. Reid , argued.

Ellis, Brown & Sheils, Boise, for respondents. Allen B. Ellis , argued.

BURDICK, Chief Justice.

This case arises out of a decision from the Bonner County district court in a case between Employers Mutual Casualty Company (EMC), David and Kathy Donnelly (Donnellys), and Rimar Construction, Inc. (RCI). In 2007, EMC brought a declaratory judgment action against the Donnellys and RCI to establish that under its policy of insurance with RCI, EMC had no duty or responsibility to pay damages claimed by the Donnellys in litigation between the...

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