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FARBER v. IDAHO STATE INS. FUND

No. 38140.

272 P.3d 467 (2012)

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, Marguarite McLaughlin, Gerald Geddes, Milford Terrell, Judi Danielson, John Goedde, Elaine Martin, Mark Snodgrass, Rodney A. Higgins, Terry Gestrin, Max Blanck and Steve Landon in their capacity as members of the Board of Directors of the State Insurance Fund, Defendants-Respondents.

Supreme Court of Idaho, Boise, December 2011 Term.

Rehearing Denied March 23, 2012.

Attorney(s) appearing for the Case

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

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

HORTON, Justice.

Randolph Farber, Scott Becker, and Critter Clinic (hereinafter "Farber") represent the plaintiffs in this class action lawsuit. Farber alleges that the Manager of the State Insurance Fund ("SIF" or "the Fund") failed to comply with I.C. § 72-915, which provides the means by which the SIF Manager may distribute a dividend to policyholders. The district court determined that the gravamen of Farber's claim sounded in statute and held that the three...

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