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CDA DAIRY QUEEN, INC. v. STATE INS. FUND

No. 38492.

299 P.3d 186 (2013)

CDA DAIRY QUEEN, INC., and Discovery Care Centre, LLC Of Salmon, Plaintiffs-Appellants, v. STATE INSURANCE FUND, James M. Alcorn, in his official capacity as its manager, and William Deal, Wayne Meyer, Gerald Geddes, John Goedde, Elaine Martin, Mark Snodgrass, Rodney A. Higgins, Terry Gestrin, and Max Black, 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, August 2012 Term.

As Modified on Denial of Rehearing April 9, 2013.

Attorney(s) appearing for the Case

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

Duke Scanlan & Hall, PLLC, Boise, for respondents. Keely Duke argued.

CDA Dairy Queen, Inc. and Discovery Care Centre, LLC of Salmon (collectively, Dairy Queen) filed a class action against the Idaho State Insurance Fund (SIF) seeking a declaratory judgment that SIF violated Idaho Code § 72-915 by failing to distribute premium rate readjustments on a pro rata basis. The district court granted SIF's motion for summary judgment, finding that the Idaho Legislature's retroactive repeal of Idaho Code § 72-915 was constitutional and that...

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