Farber v. Idaho State Insurance Fund

SUBSTITUTE OPINION

THE COURT’S PRIOR OPINION DATED MARCH 5, 2009, IS HEREBY WITHDRAWN

J. JONES, Justice.

This class action lawsuit arises out of a decision by the Idaho State Insurance Fund (the Fund) to distribute dividends pursuant to I.C. § 72-915 only to those policyholders who paid more than $2,500.00 in premiums. The Plaintiffs — those policyholders whose annual premiums were $2,500.00 or less — sued the Fund, its Manager, and its Board of Directors 1 for damages and injunctive relief. Both parties moved for partial summary judgment regarding the interpretation of I.C. § 72-915. The…