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SUBLIMITY INS. CO. v. SHAW

No. 21874.

905 P.2d 640 (1995)

127 Idaho 707

SUBLIMITY INSURANCE COMPANY, a foreign insurance company, Plaintiff-Appellant, v. Craig W. SHAW and Kiere Shaw, husband and wife, Defendants-Respondents.

Supreme Court of Idaho, Coeur d'Alene, October 1995 Term.

November 8, 1995.

Attorney(s) appearing for the Case

Turner, Stoeve & Gagliardi, Spokane, Washington, and Dodson & Raeon, Coeur d'Alene, for appellant. Everett B. Coulter, Jr., Spokane, Washington, argued.

Winston & Cashatt, Spokane, Washington, and Stanley D. Moore, Coeur d'Alene, for respondents. Meriwether D. Williams, Spokane, Washington, argued.

JOHNSON, Justice.

This is an automobile insurance case concerning underinsured motorist (UIM) coverage. We conclude that the UIM coverage at issue in this case entitled the insurer to set off from the maximum liability limit the amount the insured received from the tortfeasor and the amount of medical payments the insurer paid the insured.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS.

While driving her car, Kiere Shaw (Shaw) was severely injured...

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