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FARMERS INS. EXCHANGE v. TUCKER

No. 30847.

125 P.3d 1067 (2005)

142 Idaho 191

FARMERS INSURANCE EXCHANGE, Plaintiff-Appellant, v. Patricia A. TUCKER and John F. Hoctor, individually, and as Co-Personal Representative of the Estate of Cathryn Clair Rose Tucker, deceased, Defendants-Respondents.

Supreme Court of Idaho, Pocatello, September 2005 Term.

November 23, 2005.

Attorney(s) appearing for the Case

Racine, Olson, Nye, Budge & Bailey, Chartered, Pocatello, Idaho, for appellant. John R. Goodell argued.

Hepworth, Lezamiz & Janis, Chartered, Boise, Idaho, and Hoyt & Blewett, PLLC, Great Falls, Montana, for respondent Patricia A. Tucker. Alexander Blewett, III, argued.

Hopkins, Roden, Crockett, Hansen & Hoopes, PLLC, Idaho Falls, Idaho, for respondent John F. Hoctor. Steven K. Brown argued.

JONES, J.

Farmers Insurance Exchange appeals from the district court's decision insofar as it denied leave to amend the complaint to seek adjudication of the amount of an underinsured motorist (UIM) claim in a declaratory proceeding. We affirm.

I.

FACTUAL AND PROCEDURAL BACKGROUND

On August 15, 2002, eleven-year-old Cathryn Tucker (Decedent) suffered fatal injuries in a two-car collision in Montana. At the time of the accident Decedent...

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