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MORTENSEN v. STEWART TITLE GUAR. CO.

No. 35949.

235 P.3d 387 (2010)

Vernon Jerry MORTENSEN, Plaintiff/Appellant, v. STEWART TITLE GUARANTY COMPANY, Defendant/Respondent.

Supreme Court of Idaho, Coeur d'Alene, April 2010 Term.

July 1, 2010.

Attorney(s) appearing for the Case

Johnson & Monteleone, LLP, Boise, for appellant. Samuel Johnson argued.

Kirkpatrick & Lockhart, Spokane, for respondent. Joseph T. Reuter argued.

SUBSTITUTE OPINION

THE COURT'S PRIOR OPINION DATED APRIL 26, 2010 IS HEREBY WITHDRAWN.

W. JONES, Justice.

I. NATURE OF THE CASE

Vernon J. Mortensen appeals the district court's decision granting summary judgment to Stewart Title Guaranty Company in his action for breach of contract and intentional infliction of emotional distress. Mortensen claims that he is entitled to relief for Stewart Title Guaranty Company's failure to defend the...

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