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EKLUND v. FARMERS INS. EXCHANGE

Nos. 02-278, 02-279.

86 P.3d 259 (2004)

Randy EKLUND, Appellant (Plaintiff), v. FARMERS INSURANCE EXCHANGE, Appellee (Defendant in Intervention). Farmers Insurance Exchange, Appellant (Defendant in Intervention), v. Randy Eklund, Appellee (Plaintiff).

Supreme Court of Wyoming.

March 17, 2004.

Attorney(s) appearing for the Case

Representing Appellant Eklund: Les Bowron and Frank R. Chapman of Beech Street Law Office, Casper, WY. Argument by Mr. Bowron.

Representing Appellee Farmers Ins. Exch.: James D. Bramer and Blair J. Trautwein of Wick, Campbell, Bramer, Ukasick & Trautwein, LLC, Fort Collins, CO. Argument by Mr. Trautwein.

Before HILL, C.J., and GOLDEN, LEHMAN, KITE, and VOIGT, JJ.

LEHMAN, Justice.

[¶ 1] Farmers Insurance Exchange (Farmers), which is potentially liable to Randy Eklund (Eklund) under an underinsured motorist insurance policy, appeals the district court's denial of its motion for trial setting. The district court denied the motion finding that the issue of damages was res judicata due to a prior settlement between Eklund and the tortfeasor, Terry Tebben (Tebben), of which Farmers was aware. In the same order denying trial...

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