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CLARK v. PRUDENTIAL PROPERTY AND CAS. INS. CO.

No. 28126.

66 P.3d 242 (2003)

138 Idaho 538

Richard CLARK, individually, Julie Clark, individually, Allan Clark and Michael Clark, minors, by and through their parent and guardian, Richard Clark, Plaintiffs-Appellants, v. PRUDENTIAL PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant-Respondent.

Supreme Court of Idaho, Boise, December 2002, Term.

March 11, 2003.

Attorney(s) appearing for the Case

Litster Law Offices, Boise, for appellants. Mitchell Ronald Barker argued.

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

TROUT, Chief Justice.

This is an action to enforce an "uninsured motor vehicle" provision in an automobile insurance policy. The insured appeals a district court decision on cross motions for summary judgment holding the insurance policy did not provide coverage for the accident at issue.

I.

FACTUAL AND PROCEDURAL BACKGROUND

Appellant, Richard Clark (Mr. Clark), was a passenger in a vehicle driven by his wife, Julia Clark (collectively...

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