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MINER v. FARMERS INS. CO. OF IDAHO

No. 17636.

778 P.2d 778 (1989)

116 Idaho 656

Clinton Evan MINER and Juliann Bakes Miner, husband and wife, Plaintiffs-Respondents, v. FARMERS INSURANCE COMPANY OF IDAHO, Defendant-Appellant.

Supreme Court of Idaho.

August 9, 1989.

Attorney(s) appearing for the Case

Cantrill, Skinner, Sullivan & King, of Boise, for defendant-appellant. Robert D. Lewis argued.

Roy & Nielson, of Twin Falls, for plaintiffs-respondents. Susan P. Roy argued.

JOHNSON, Justice.

This is an insurance subrogation case. The question presented is whether an insurer is obligated for attorney fees incurred by its insureds in collecting an amount to which the insurer was subrogated, when the insureds did not notify the insurer that they had employed an attorney to collect the subrogated interest. We hold that the insureds are not entitled to withhold attorney fees from the subrogated interest. We reverse a summary judgment in favor...

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