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LOPEZ v. FARM BUREAU MUT. INS. CO. OF IDAHO

No. 35745-2008.

224 P.3d 1104 (2010)

Rosa LOPEZ, individually and as parent and guardian of Rachel Lopez, a minor, Plaintiffs-Respondents, v. FARM BUREAU MUTUAL INSURANCE COMPANY OF IDAHO, Defendant-Appellant.

Supreme Court of Idaho, Boise, December 2009 Term.

January 11, 2010.

Attorney(s) appearing for the Case

Saetrum Law Offices, Boise, for appellant. Rodney R. Saetrum argued.

Litster Frost Injury Lawyers, Boise, for respondent. Charles P. Shane argued.

EISMANN, Chief Justice.

This is an appeal from a judgment for attorney fees under the "common fund doctrine." We reverse.

I. FACTS AND PROCEDURAL HISTORY

On December 9, 2002, Rosa Lopez was driving with her twelve-year-old daughter Rachel as a passenger. Rosa stopped for traffic, and her vehicle was struck by the vehicle following hers. Both Rosa and Rachel were injured. They were covered by a policy of insurance issued by Farm Bureau Mutual Insurance...

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