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MORRELL CONST., INC. v. HOME INS. CO.

No. 88-4446.

899 F.2d 875 (1990)

MORRELL CONSTRUCTION, INC., an Idaho corporation, Plaintiff-Appellant, v. HOME INSURANCE COMPANY, a foreign corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 3, 1990.

Attorney(s) appearing for the Case

Darrel W. Aherin, Aherin, Aherin & Rice, Lewiston, Idaho, for plaintiff-appellant.

Scott D. Hess, Eberle, Berlin, Kading, Turnbow & Gillespie, Boise, Idaho, for defendant-appellee.

Before KOELSCH, BROWNING and BEEZER, Circuit Judges.

BEEZER, Circuit Judge:

Morrell Construction, Inc. appeals the district court's decision granting summary judgment in favor of Home Insurance Co. on Morrell's claim that Home Insurance Co. exercised bad faith by refusing to investigate and pursue settlement negotiations before suit was filed against Morrell by a third party. Because this case involves issues of first impression under Idaho tort law, we certify two questions to the Idaho Supreme Court.

I

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