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MUTUAL OF ENUMCLAW v. BOX

No. 21480.

908 P.2d 153 (1995)

127 Idaho 851

MUTUAL OF ENUMCLAW, Plaintiff-Respondent, v. Sherry BOX, individually and as Guardian Ad Litem for, James Box; Laura Box as Guardian Ad Litem for Gretchen E. Box; and Julia Forsberg, a single person, Defendants-Appellants.

Supreme Court of Idaho, North Idaho, October 1995 Term.

December 19, 1995.

Attorney(s) appearing for the Case

Howard & Owens, Coeur d'Alene, for appellant. Kenneth B. Howard, Jr. argued.

Chase, Hayes & Kalamon, Coeur d'Alene, for respondents. Andrew C. Smythe argued.

SCHROEDER, Justice.

This is an automobile insurance case concerning underinsured motorist (UIM) coverage. As we held in Sublimity Ins. Co. v. Shaw, 127 Idaho 707, 905 P.2d 640 (1995), the UIM coverage at issue in this case is clear and unambiguous and entitles the insurer to set-off from the maximum liability limit the amount the insured received from the tortfeasor's insurance company...

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