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BANK OF IDAHO v. FIRST AMERICAN TITLE INS.

No. 41157-2013.

329 P.3d 1066 (2014)

BANK OF IDAHO, an Idaho banking corporation, Plaintiff-Appellant, v. FIRST AMERICAN TITLE INSURANCE COMPANY, a corporation, Defendant-Respondent.

Supreme Court of Idaho, Idaho Falls, May 2014 Term.

Rehearing Denied August 6, 2014.

Attorney(s) appearing for the Case

Gregory L. Crockett , Hopkins Roden Crockett Hansen & Hoopes, PLLC, Idaho Falls, argued for appellant.

Charles A. Homer , Holden, Kidwell, Hahn & Crapo, PLLC, Idaho Falls, argued for respondent.

EISMANN, Justice.

This is an appeal from a judgment dismissing an action seeking to recover under a title insurance policy that insured the failure of a developer to construct a fourplex on a specific lot. We vacate the judgment of the district court and remand for further proceedings that are consistent with this opinion.

I.

Factual Background.

In January 2007, the Bank of Idaho made two construction loans to developers who planned to...

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