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IDAHO STATE INS. FUND v. VAN TINE

No. 24723.

980 P.2d 566 (1999)

132 Idaho 902

IDAHO STATE INSURANCE FUND, Plaintiff-Counterdefendant-Respondent, v. Kerby VAN TINE, Defendant-Counterplaintiff-Appellant.

Supreme Court of Idaho, Boise, March 1999 Term.

June 9, 1999.

Attorney(s) appearing for the Case

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

Hon. Alan G. Lance, Attorney General; David J. Lee, Deputy Attorney General, Boise, for respondent. David J. Lee argued.

SILAK, Justice.

This is an appeal from the dismissal of a counterclaim seeking damages against a worker's compensation surety for breach of the duty of good faith and fair dealing arising out of the surety's subrogation claim. We affirm.

I.

FACTS AND PROCEDURAL BACKGROUND

A. Facts

On January 30, 1990, appellant Kerby Van Tine (Van Tine) was injured during the course of his employment with the Idaho Department of Transportation...

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