dissenting.
Chief Justice Bakes, and Justices Boyle and McDevitt have concurred in the opinion authored by Justice Johnson, the thesis of which is bottomed on the similarity of the facts between this case and Nationwide Mut. Ins. Co. v. Scarlett, 116 Idaho 820, 780 P.2d 142 (1989). In Nationwide, Chief Justice Bakes authored a three-two majority opinion, with Justices Johnson and McFadden, Pro Tern, concurring. The holding of that decision was that “third party’s vehicle covered by policy with the same limits as those contained in accident victim’s policy, was not underinsured, within meaning of victim’s policy, though portions of third party’s liability insurance was paid to estate of passenger of third party’s vehicle.” 116 Idaho at 820, 780 P.2d at 142.
My vote in Nationwide was with the opinion of Justice Huntley, the rationale of which was not explained away or in any manner challenged by anyone of the three who comprised the majority. Believing now, as I did then, that Justice Huntley’s analysis and rationale was sound, whereas the majority’s opinion lacked that quality, and because of the similarity of the two cases, Nationwide in 1989, and Farmers v. Buffa, in 1991, it is in order to repeat Justice Huntley’s opinion: