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AMERICAN FOREIGN INS. CO. v. REICHERT

No. 29060.

94 P.3d 699 (2004)

140 Idaho 394

AMERICAN FOREIGN INSURANCE COMPANY, Plaintiffs-Counterdefendant-Respondent, v. Marvin E. REICHERT, Defendant-Counterclaimant-Appellant, and Luedean Reichert, Defendant-Appellant.

Supreme Court of Idaho, Boise, March 2004 Term.

July 8, 2004.

Attorney(s) appearing for the Case

L. Clyel Berry, Chtd., Twin Falls, for appellants. L. Clyel Berry argued.

Moffatt, Thomas, Barrett, Rock & Fields, Boise, for respondent. Mark S. Prusynski argued.

BURDICK, Justice.

This case arises from personal injuries suffered by Marvin Reichert ("Reichert") while acting within his employment as a result of an uninsured motorist. At the time of the accident, Reichert's employer had an uninsured motorist coverage policy issued by American & Foreign Insurance Co. ("American"). The insurance policy contained a provision to offset the amount payable under the policy with any worker compensation benefits paid or payable....

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