SELKIRK SEED CO. v. FORNEY

Nos. 24271, 24292.

996 P.2d 798 (2000)

134 Idaho 98

SELKIRK SEED COMPANY, an Idaho corporation, individually, and on behalf of other private, non-governmental/non-public insureds of the State Insurance Fund with complaints filed against them for benefits before the State of Idaho Industrial Commission, Petitioner-Cross Appellant, v. Drew S. FORNEY, in his capacity as Manager of the State Insurance Fund; State Insurance Fund; Max M. Sheils, Jr., individually and as a special deputy attorney general; and Julie Cooper, in her capacity as Claims Bureau Chief for the State Insurance Fund, Respondents, and Alan G. Lance, Idaho State Attorney General, Respondent-Cross Respondent. Selkirk Seed Company, an Idaho corporation, individually, and on behalf of other private, non-governmental/nonpublic insureds of the State Insurance Fund with complaints filed against them for benefits before the State of Idaho Industrial Commission, Petitioner-Appellant, v. Drew S. Forney, in his capacity as Manager of the State Insurance Fund and State Insurance Fund, Respondents-Respondents on Appeal, and Alan G. Lance, Idaho State Attorney General; Max M. Sheils, Jr., individually, and as a special deputy attorney general; and Julie Cooper, in her capacity as Claims Bureau Chief for the State Insurance Fund, Respondents.

Supreme Court of Idaho, Coeur D'Alene, 1999 Term.

March 3, 2000.


Attorney(s) appearing for the Case

Starr Kelso Law Office, Chtd., Coeur d'Alene, for appellants. Starr Kelso argued.

Hon. Alan G. Lance, Attorney General; Michael S. Gilmore, Deputy Attorney General, Boise, for respondents. Michael S. Gilmore argued.


SILAK, Justice.

This is an appeal from an action in which appellant Selkirk Seed (Selkirk) sought a declaratory judgment stating that the Office of the Idaho Attorney General did not have authority to represent non-governmental insureds of the Idaho State Insurance Fund (SIF). Selkirk's motion for summary judgment was granted in part and denied in part.

I.

FACTS AND PROCEDURAL BACKGROUND

A. Facts

In 1995, the Idaho Legislature...

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