Idaho State Insurance Fund v. Van Tine

SILAK, Justice.

This is an appeal from the dismissal of a counterclaim seeking damages against a worker’s compensation surety for breach of the duty of good faith and fair dealing arising out of the surety’s subrogation claim. We affirm.

I

FACTS AND PROCEDURAL BACKGROUND

A. Facts

On January 30, 1990, appellant Kerby Van Tine (Van Tine) was injured during the course of his employment with the Idaho Department of Transportation when the vehicle he was driving was struck by a semi-truck. Van Tine submitted a worker’s compensation claim to his employer’s worker’s compensation surety, respondent Idaho…