[Download] "Lawrence G. Viani v. Aetna Insurance" by Supreme Court of Idaho No. 10714 # Book PDF Kindle ePub Free
eBook details
- Title: Lawrence G. Viani v. Aetna Insurance
- Author : Supreme Court of Idaho No. 10714
- Release Date : January 03, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
This case arises from a gunshot wound suffered by plaintiff-respondent Lawrence G. Viani due to the negligence of Andrew Bowles,
the owner of the pistol. In an earlier, separate action Viani recovered a $14,622 judgment on a jury verdict returned against
Bowles. That judgment has become final. Vaini thereafter brought this action against defendants-appellants Aetna Insurance
Company (hereinafter "Aetna"), Allstate Insurance Company (hereinafter "Allstate"), and American Casualty Company of Reading,
Pennsylvania (hereinafter "American Casualty"), alleging that each was the insurer of Bowles and liable to pay the judgment.
Among other points decided by the district court as part of its judgment, the court held each appellant was an insurer of
Bowles and was required to pay one-third of the $14,622 judgment and one-third of the costs of defense in that litigation.
The three insurance companies appealed, each maintaining a distinct and independent position. Only Aetna has conceded liability,
but due to the existence of "other" insurance contends its share of the Viani v. Bowles judgment is too great. Bowles is a professional architect and had been retained by one Bonny to inspect and oversee the construction by a general
contractor of his mountain home located in Pioneerville. Viani, a carpenter, had earlier done some independent contracting
work on this project; apparently he was not an employee of Bowles for that work. On August 12, 1966, Bowles asked Viani to
accompany him to the cabin site to aid him in finishing a few items which the general contractor had left unfinished. Viani
agreed and the two left that day in Viani's pickup truck which was used to haul tools, building materials, and their camping
gear. The next day, August 13, the men completed their work and returned to Boise, planning to leave shortly thereafter to
inspect some mining property.