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STONEWALL SURPLUS LINES INS. CO. v. FARMERS INS. CO. OF IDAHO

No. 23589.

971 P.2d 1142 (1998)

132 Idaho 318

STONEWALL SURPLUS LINES INSURANCE COMPANY, a Delaware corporation; Progressive Casualty Insurance Company, an Ohio corporation, Plaintiffs-Appellants, and Penny Mac Donald and Ken A. Mac Donald, husband and wife, and Jerry A. Oldham, Plaintiffs, v. FARMERS INSURANCE COMPANY OF IDAHO, an Idaho corporation, Defendant-Respondent.

Supreme Court of Idaho, Coeur d'Alene, April 1998 Term.

Rehearing Denied February 24, 1999.

Attorney(s) appearing for the Case

Ramsden & Lyons, Coeur d'Alene, for appellants. Brian T. Watkins argued.

Paine, Hamblen, Coffin, Brooke & Miller, Coeur d'Alene, for respondent. Eugene L. Miller argued.

SILAK, Justice.

This is an insurance subrogation case arising out of a motor vehicle-pedestrian accident which occurred in March 1993. We affirm the decision of the district court granting the respondent's motion to dismiss and denying the appellants' motion for leave to file an amended complaint.

I.

FACTS AND PRIOR PROCEEDINGS

A. Underlying Facts.

On March 25, 1993, Jerry Oldham (Oldham) was operating a 1982 Honda Civic in Lewiston...

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