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J.R. SIMPLOT v. WESTERN HERITAGE INS.

No. 24104.

977 P.2d 196 (1999)

132 Idaho 582

J.R. SIMPLOT COMPANY, Plaintiff-Appellant, v. WESTERN HERITAGE INSURANCE COMPANY, a foreign corporation, Defendant-Respondent, and Cecil Armstrong, Defendant.

Supreme Court of Idaho, Boise, October 1998 Term.

Rehearing Denied May 19, 1999.

Attorney(s) appearing for the Case

Cantrill, Skinner, Sullivan & King, for appellant. Robert D. Lewis argued.

Brady, Lerma, Ctd., Boise, for respondent Western Heritage. Bret A. Walther argued.

TROUT, Chief Justice.

This appeal presents an issue about attorney fees; specifically, whether the trial court properly awarded Western Heritage (Western) attorney fees under I.C. § 12-120(3). Section 12-120(3) requires a court to award reasonable attorney fees to the prevailing party in any "civil action to recover in ... any commercial transaction." Additionally, this Court must determine whether I.C. § 41-1839(4) bars the application of § 12-120...

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