SUNSHINE MIN. CO. v. ALLENDALE MUT. INS. CO.

No. 15169.

684 P.2d 1002 (1984)

107 Idaho 25

SUNSHINE MINING COMPANY, a corporation, Plaintiff-Respondent, v. ALLENDALE MUTUAL INSURANCE COMPANY, a corporation, and Allianz Insurance Company, a corporation, Defendants, and Northbrook Excess and Surplus Insurance Company, a corporation, California Union Insurance Company, a corporation, Mutual Fire, Marine and Inland Insurance Company, Ltd., a British corporation, Union America Insurance Company, Ltd., a British corporation, Certain Underwriters at Lloyd's London, Sumitomo Marine & Fire Insurance Company, Ltd., a British corporation, CNA Reinsurance Company, Ltd., a British corporation, South British Insurance Company, Ltd., a British corporation, Orion Insurance Company, Ltd., a British corporation, Yasuda Fire and Marine Insurance Company, Ltd., a British corporation, Terra Nova Insurance Company, Ltd., a British corporation, and Certain Other Underwriters at Lloyd's London, Defendants-Petitioners.

Supreme Court of Idaho.

July 27, 1984.


Attorney(s) appearing for the Case

Christopher Burke, Boise, for defendants.

Richard C. Mellon, Jr., Boise, for plaintiff-respondent.


SHEPARD, Justice.

This case presents questions certified to us by the United States District Court, the Honorable Ray McNichols, presiding. Although five issues are certified to us, our disposition of the first two issues render any consideration of the remaining issues unnecessary. The United States District Court phrased those first two issues as follows:

"ISSUE NO. 1: Did the Idaho Legislature, by providing in...

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