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VILLA HIGHLANDS v. WESTERN COMMUNITY INS.

No. 35472.

226 P.3d 540 (2010)

VILLA HIGHLANDS, LLC, an Idaho limited liability company, Plaintiff-Appellant, v. WESTERN COMMUNITY INSURANCE CO., an Idaho corporation, Farm Bureau Insurance Company of Idaho, an Idaho corporation; and Does I-V, Defendants-Respondents. Western Community Insurance Co., an Idaho corporation, Counterclaimant-Respondent, v. Villa Highlands, LLC, an Idaho limited liability company, Counterdefendant-Appellant.

Supreme Court of Idaho, Boise, December 2009 Term.

February 9, 2010.

Attorney(s) appearing for the Case

Perkins Coie, LLP, Boise, for appellant.

Richard C. Boardman argued. Anderson, Julian & Hull, LLP, Boise, for respondent. Robert A. Anderson argued.

BURDICK, Justice.

This case involves a dispute over an insurance claim filed by Appellant Villa Highlands, LLC (Villa Highlands) under its builder's risk insurance policy issued by Western Community Insurance Co. (Western Community) and Farm Bureau Insurance Company of Idaho (Farm Bureau).1 In May 2006, during construction, the Villa Highlands building was destroyed by fire. Thereafter, a dispute and litigation ensued over the application...

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