(Download) "Bonner Building Supply v. Standard Forest" by Court of Appeals of Idaho ~ Book PDF Kindle ePub Free
eBook details
- Title: Bonner Building Supply v. Standard Forest
- Author : Court of Appeals of Idaho
- Release Date : January 15, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Idaho Code § 41-244, which is part of the insurance code, governs the role of the district court and the scope of its review in an appeal to the district court from an order of the Department of Insurance. Although repealed by the Legislature (1988 Idaho Sess.Laws, ch. 158, § 2) and subsumed by provisions of the Administrative Procedure Act (APA) dealing with appeals from agency decisions, this statute is nevertheless the source of the controversy before us. We are asked to decide whether the district court was authorized to remand to the department, or whether the district court, hearing the case de novo, was obligated by statute to resolve the case and enter judgment as would a trial court. We affirm the order of the district court remanding the case to the department for a new hearing.
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