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EGBERT v. IDAHO STATE INS. FUND

No. 20430.

873 P.2d 1332 (1994)

125 Idaho 678

Lumbermens Mutual Casualty Company, an insurance corporation, Plaintiff, v. Kimberly Sue EGBERT, individually as personal representative of the estate of Bryon Cleveland Egbert, and as guardian of the persons and estates of Cleveland Jeremy Egbert and Sara Ashley Egbert, both minors; John Henry Austin and Sara June Austin, husband and wife, Defendants-Respondents, and Robert S. Swan and Shawn L. Swan, both minors; Karen Thomisen; Mark Boss, a minor, and Mark Boss, Sr.; Karen Ryan; Twin Falls Mutual Fire Insurance Company; and Farm Bureau Insurance Company of Idaho, Defendants, and IDAHO STATE INSURANCE FUND, Intervenor-Appellant.

Supreme Court of Idaho, Boise, November 1993 Term.

April 29, 1994.

Attorney(s) appearing for the Case

M. Karl Shurtliff, Boise, for appellant.

Hepworth, Nungester & Lezamiz, Twin Falls, for respondents. John T. Lezamiz, argued.

JOHNSON, Justice.

This is an interpleader case in which a liability insurance company tendered into court its policy limits, requesting the trial court to divide these limits among the parties who suffered damages in a motor vehicle accident caused by its insured. We conclude: (1) the trial court did not abuse its discretion in refusing to admit expert evidence, and (2) the trial court correctly withheld attorney fees and costs from the portion the trial court ordered...

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