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FARMERS INS. CO. OF IDAHO v. TALBOT

No. 25286.

987 P.2d 1043 (1999)

133 Idaho 428

FARMERS INSURANCE COMPANY OF IDAHO, Plaintiff-Counterdefendant-Appellant, v. Adelyn TALBOT, Defendant-Counterclaimant-Respondent.

Supreme Court of Idaho, Pocatello, May 1999 Term.

September 14, 1999.

Attorney(s) appearing for the Case

Elam & Burke, P.A., Boise, for appellant. Bobbi K. Dominick argued.

Comstock & Bush, Boise, for respondent. John A. Bush argued.

SCHROEDER, Justice.

This automobile insurance case concerns underinsured motorist (UIM) coverage. Farmers Insurance Company of Idaho (Farmers) brought a declaratory judgment seeking a determination that it is entitled to set off the amount that the insured, Adelyn Talbot (Talbot), received from the tort-feasor's insurance company from Talbot's maximum UIM liability limit. The district court granted summary judgment in favor of Talbot, ruling that language in the ...

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