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WALTERS v. INDUS. INDEM. CO. OF IDAHO

No. 21573.

908 P.2d 1240 (1996)

127 Idaho 933

Johnny E. WALTERS and Renee E. Walters, husband and wife, Plaintiffs-Respondents, v. INDUSTRIAL INDEMNITY COMPANY OF IDAHO, an Idaho Insurance Company; Chris Toshcoff; Cindy Hendrickson; Kathleen Doty, and Quane, Smith, Howard & Hull; Alan K. Hull, Defendants-Appellants, and Peter Zografos, D.C.; John Does 1-10; and John Doe Corporations 11-20, Defendants-Respondents.

Supreme Court of Idaho, Lewiston, October 1995 Term.

January 4, 1996.

Attorney(s) appearing for the Case

Clements, Brown & McNichols, Lewiston, for appellants Industrial Indemnity Company of Idaho, Chris Toshcoff, Cindy Hendrickson, and Kathleen Doty. Michael E. McNichols argued.

Quane, Smith, Howard & Hull, Boise, for appellants Quane, Smith, Howard & Hull and Alan K. Hull. W. Scott Wigle argued.

Aherin, Rice & Anegon, Lewiston, for respondents. Darrel W. Aherin argued.

McDEVITT, Chief Justice.

This is a bad faith insurance case that arises from a worker's compensation claim. The primary issue presented in this appeal is whether the district court erred in denying the appellants' motion to dismiss the respondents' claims of breach of the duty of good faith and fair dealing, breach of fiduciary duty, intentional infliction of emotional distress, and common law fraud. We reverse the district court's denial of the appellants' motion...

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