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GORDON v. THREE RIVERS AGENCY, INC.

No. 21304.

903 P.2d 128 (1995)

127 Idaho 539

Jeanne L. GORDON and Michael Gordon, wife and husband, Plaintiffs-Respondents, v. THREE RIVERS AGENCY, INC., an Idaho corporation, Defendant, and Oregon Mutual Insurance Company, an Oregon corporation, Defendant-Appellant.

Court of Appeals of Idaho.

Petition for Review Denied October 17, 1995.

Attorney(s) appearing for the Case

Brady, Lerma & Thomas, Chtd, Boise, for appellant. Michael G. Brady argued.

Lojek & Strother, Boise, for respondent. Donald W. Lojek argued.

LANSING, Judge.

In this case we are asked to determine the proper interpretation of an insurance policy providing underinsured motorist protection.

The plaintiffs, Jeanne and Michael Gordon, brought an action for a declaratory judgment and for recovery of benefits under the underinsured motorist provision of an automobile insurance policy issued by Oregon Mutual Insurance Company. Oregon Mutual denied liability, arguing that the tortfeasor was not "an underinsured...

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