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VAN TINE v. IDAHO STATE INS. FUND

No. 20623.

889 P.2d 717 (1994)

126 Idaho 688

Kerby M. VAN TINE and Linda Van Tine, husband and wife, Plaintiffs-Appellants, v. IDAHO STATE INSURANCE FUND, an Idaho Insurance Company, (which may be a political subdivision of the State of Idaho), Defendant-Respondent.

Supreme Court of Idaho, Lewiston, October 1994 Term.

December 9, 1994.

Attorney(s) appearing for the Case

Aherin & Rice, Lewiston, for appellants. Darrel W. Aherin argued.

Clements, Brown & McNichols, Lewiston, for respondent. Michael E. McNichols argued.

JOHNSON, Justice.

This is an insurance bad faith case against the State Insurance Fund (SIF) arising out of a workers' compensation claim. We conclude that the trial court lacked subject matter jurisdiction to decide whether SIF is liable to the claimant for alleged breach of the duty of good faith and fair dealing and for alleged breach of fiduciary duty. We also conclude that the trial court lacked subject matter jurisdiction to consider whether SIF has waived its...

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