Van Tine v. Idaho State Insurance Fund

JOHNSON, Justice.

This is an insurance bad faith ease against the State Insurance Fund (SIF) arising out of a workers’ compensation claim. We conclude that the trial court lacked subject matter jurisdiction to decide whether SIF is liable to the claimant for alleged breach of the duty of good faith and fair dealing and for alleged breach of fiduciary duty. We also conclude that the trial court lacked subject matter jurisdiction to consider whether SIF has waived its subrogation right provided for under the workers’ compensation law.

I

THE BACKGROUND AND PRIOR PROCEEDINGS.

Kerby Van Tine (Van…