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FARBER v. IDAHO STATE INS. FUND

No. 35144.

208 P.3d 289 (2009)

Randolph E. FARBER, Scott Alan Becker and Critter Clinic, an Idaho professional association, Plaintiffs-Appellants, v. The IDAHO STATE INSURANCE FUND, James M. Alcorn, its manager, and William Deal, Wayne Meyer, Marguerite McLaughlin, Gerald Geddes, Milford Terrell, Judi Danielson, John Goedde, Elaine Martin, and Mark Snodgrass in their capacity as members of the Board of Directors of the State Insurance Fund, Defendants-Respondents.

Supreme Court of Idaho, Boise, February 2009 Term.

Rehearing Denied May 12, 2009.

Attorney(s) appearing for the Case

Lojek Law Offices, Chtd., and Gordon Law Offices, Boise, for appellants. Donald W. Lojek and Bruce S. Bistline argued.

Hall, Farley, Oberrecht & Blanton, P.A., Boise, for respondents. Richard E. Hall and Keely E. Duke argued.

SUBSTITUTE OPINION

THE COURT'S PRIOR OPINION DATED MARCH 5, 2009, IS HEREBY WITHDRAWN

J. JONES, Justice.

This class action lawsuit arises out of a decision by the Idaho State Insurance Fund (the Fund) to distribute dividends pursuant to I.C. § 72-915 only to those policyholders who paid more than $2,500.00 in premiums. The Plaintiffs—those policyholders whose annual premiums were $2,500.00 or less—sued the Fund, its Manager,...

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