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GENERAL MOT. ACCEPT. CORP. v. TURNER INS. AGCY., INC.

No. 11538.

535 P.2d 664 (1975)

96 Idaho 691

GENERAL MOTORS ACCEPTANCE CORPORATION, a corporation, Plaintiff and Appellant, v. TURNER INSURANCE AGENCY, INC., and Westchester Fire Insurance Co., a corporation, Defendants and Respondents, and Gerald B. Wahlen, Defendant.

Supreme Court of Idaho.

Rehearing Denied June 10, 1975.

Attorney(s) appearing for the Case

Jack G. Voshell, of Voshell & Wright, Idaho Falls, for plaintiff and appellant.

James B. Green, of Terrell, Green, Service & Gasser, Pocatello, for defendants and respondents.

McQUADE, Chief Justice.

This is an appeal in an action to recover a $2,156.00 refund on an unearned physical damage insurance premium. Plaintiff-appellant, General Motors Acceptance Corporation (hereinafter GMAC) brought this action to recover this sum which it claimed was misappropriated by the joint action of the defendants-respondents, Turner Insurance Agency, Inc., (hereinafter Turner Insurance) and Westchester Fire Insurance Company (hereinafter Westchester Fire...

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