BRINKMAN v. AID INS. CO.

No. 17035.

766 P.2d 1227 (1988)

115 Idaho 346

Robert L. BRINKMAN, Jr., Plaintiff-Respondent-Cross-Appellant, v. AID INSURANCE COMPANY, Defendant-Appellant-Cross-Respondent.

Supreme Court of Idaho.

December 22, 1988.


Attorney(s) appearing for the Case

Nelson, Rosholt, Robertson, Tolman & Tucker, Twin Falls, for defendant-appellant-cross-respondent. Terry Thomas Uhling argued.

Hepworth, Nungester, Felton & Lezamiz, Twin Falls, for plaintiff-respondent-cross-appellant. John C. Hohnhorst argued.


HUNTLEY, Justice.

This appeal involves the determination of when an accident victim's insurer may be required to pay claimant's attorney fees under I.C. § 41-1839 and more particularly, what procedural actions are required to invoke that statute, and how attorney fees are to be calculated. The appeal further involves issues of the applicability of the collateral source doctrine and when and to what extent prejudgment...

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