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CUMIS INS. SOCIETY, INC. v. MASSEY

No. 40002.

318 P.3d 932 (2014)

CUMIS INSURANCE SOCIETY, INC., Plaintiff-Appellant, v. Wade MASSEY and Capitol West Appraisals, Defendants-Respondents.

Supreme Court of Idaho, Boise, November 2013 Term.

February 10, 2014.

Attorney(s) appearing for the Case

Wilson & McColl, Boise and Collins & Coldwell, LLC, Denver, Colorado for appellant. Patrick Collins argued.

Kelly Talboy & Simmons, PA, Boise, for respondents. Michael E. Kelly argued.

HORTON, Justice.

This appeal arises from a negligence action filed by CUMIS Insurance Society (CUMIS), the subrogee of Icon Federal Credit Union (Icon), against Wade Massey and his business, Capitol West Appraisals (Capitol). All parties moved for summary judgment. The district court granted Massey's motion and dismissed CUMIS's claims after deciding CUMIS failed to establish that Massey owed a duty of care to Icon. CUMIS timely appealed. We vacate the judgment.<...

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