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NATIONWIDE MUT. INS. CO. v. SCARLETT

No. 17441.

780 P.2d 142 (1989)

116 Idaho 820

NATIONWIDE MUTUAL INSURANCE COMPANY, an Ohio corporation, Plaintiff-Respondent, v. Mark SCARLETT, individually and as next friend of Angela Scarlett; Gary O. Scarlett, individually and as next friend of Danielle Scarlett and Desiree Scarlett, Defendants-Appellants.

Supreme Court of Idaho.

Rehearing Denied October 19, 1989.

Attorney(s) appearing for the Case

Davison, Copple, Copple & Copple, Boise, for defendants-appellants. E. Don Copple argued, Boise.

Hawley, Troxell, Ennis & Hawley, Boise, for plaintiff-respondent. John F. Kurtz, Jr., argued, Boise.

BAKES, Chief Justice.

This is a declaratory judgment action under the uninsured/underinsured motorist provision of an automobile insurance policy. The facts relevant to the insurance claim are undisputed. On May 8, 1986, the insured, Gary O. Scarlett (Scarlett) purchased from Nationwide Mutual Insurance Company (Nationwide) an automobile insurance policy insuring four specified vehicles. Scarlett's policy provided uninsured/underinsured motorist coverage for each...

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