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STAMPER v. ALLSTATE INS. CO.

No. 16990.

766 P.2d 707 (1988)

115 Idaho 237

Earl STAMPER and Donna Stamper, husband and wife, parents and guardians of Darla Stamper, minor, Plaintiffs-Appellants, and Deanna Stamper, Plaintiff, v. ALLSTATE INSURANCE COMPANY, a foreign corporation, Defendant-Respondent, and Melanie Darrington, April DeBord and John Doe, Defendants.

Supreme Court of Idaho.

Dissent on Denial of Rehearing December 23, 1988.

Attorney(s) appearing for the Case

Aherin, Rice & Brown, Lewiston, for plaintiffs-appellants. Darrell W. Aherin, argued.

Clements, Brown & McNichols, Lewiston, for defendant-respondent. Robert P. Brown, argued.

SHEPARD, Chief Justice.

This is an appeal from a summary judgment issued in favor of defendant-insurer in an action seeking to recover under the provisions of the uninsured motorist section of an automobile insurance policy. The policy provisions providing uninsured motorist coverage require that when an unidentified motorist is involved, that there be physical contact by the unidentified motorist with the insured...

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