WALTERS v. INDUSTRIAL INDEM. CO.

Nos. 23030, 23673.

949 P.2d 223 (1997)

130 Idaho 836

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

Supreme Court of Idaho, Coeur d'Alene, October 1997 Term.

December 8, 1997.


Attorney(s) appearing for the Case

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

Clements, Brown & McNichols, Lewiston, for respondents Industrial Indemnity. Michael E. McNichols argued.

Quane, Smith, Howard & Hull, Boise, for respondents Quane, Smith, Howard & Hull. Scott Wigle argued.


JOHNSON, Justice.

This is a bad faith insurance case in which we consider two appeals. In the first appeal, we conclude that, following issuance of an amended remittitur from this Court, the trial court did not have jurisdiction to consider a request to amend the complaint. In the second appeal, we conclude that claim preclusion (res judicata) bars the action.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS

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