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BANK OF WEST v. LIFE INVESTORS INS. CO.

No. 28991.

80 P.3d 1046 (2003)

139 Idaho 445

BANK OF THE WEST, fka United California Bank, Plaintiff-Appellant, v. LIFE INVESTORS INSURANCE COMPANY OF AMERICA, Defendant-Respondent. Life Investors Insurance Company of America, Plaintiff-Respondent, v. Bank of The West, Defendant-Appellant.

Supreme Court of Idaho, Twin Falls, November 2003 Term.

November 20, 2003.

Attorney(s) appearing for the Case

Jeffrey E. Rolig, Twin Falls, for appellant. Jeffrey E. Rolig argued.

Stoel Rives, LLP, Boise, for respondent. Dale G. Higer argued.

EISMANN, Justice.

This is an appeal from the judgment in which the district court held that where the debtor twice granted security interests in the debtor's equipment to secure payment of two separate loans made by a lender, the second security interest did not have priority over an intervening security interest granted to another lender because the security agreement granting the first security interest did not contain a "future-advances" clause. We hold that the...

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