Monthly Archives: February 2011

A Change in Idaho’s Public Policy Can Invalidate a Preexisting Contractual Provision Only If The Policy Protects The “Public Good”

Case: Hill v. Am. Family Mut. Ins. Co., Case No. 36311     Court: Supreme Court of Idaho Date Issued:    January 5, 2011 Judges: Opinion Author:  W. Jones, Justice Concurring in Opinion:  Burdick, Justice; J. Jones, Justice Dissenting Opinion Author:  Eismann, Chief … Continue reading

Posted in CONTRACTS, Hon. Warren E. Jones, IDAHO BUSINESS LAW TOPIC, INSURANCE, Public Policy, Public Policy, UIM Policy Coverage, Wendy Couture | Comments Off

Exhaustion Clauses in UIM Policies Are Void As Against Public Policy

Case: Hill v. Am. Family Mut. Ins. Co., Case No. 36311     Court: Supreme Court of Idaho Date Issued:    January 5, 2011 Judges: Opinion Author:  W. Jones, Justice Concurring in Opinion:  Burdick, Justice; J. Jones, Justice Dissenting Opinion Author:  Eismann, Chief … Continue reading

Posted in Exhaustion Clauses, Hon. Warren E. Jones, IDAHO BUSINESS LAW TOPIC, INSURANCE, Public Policy, UIM Policy Coverage, Wendy Couture | Comments Off

Claims Based on the Establishment of an Account Are Outside the Scope of an Attorney Fee Provision for Claims Based on the “Handling” of an Account

Case: Wattenbarger v. A.G. Edwards & Sons, Inc., Case No. 36245           Court: Supreme Court of Idaho Title of Opinion: Substitute Opinion (withdrawing the Court’s previous opinion filed June 28, 2010) Date Issued:    December 23, 2010 Justices: Opinion Author:  Justice Jim … Continue reading

Posted in Attorney Fee Provision, CONTRACTS, Hon. Jim Jones, IDAHO BUSINESS LAW TOPIC, Wendy Couture | Comments Off

Economic Loss Rule Bars Negligence Claim Where the Damaged Property Was Dependent on the Property That Was the Subject of the Transaction

Case: Crandall v. Seagate Tech., Case No. 1:10-CV-128-MHW    Court: United States District Court, District of Idaho Title of Opinion: Memorandum Decision and Order Date Issued:    January 25, 2011 Judge: Mikel H. Williams, United States Magistrate Judge Issue: Whether the economic … Continue reading

Posted in Economic Loss Rule, Hon. Mikel H. Williams, IDAHO BUSINESS LAW TOPIC, TORTS, Wendy Couture | Comments Off

Intentional Infliction of Emotional Distress Claim Asserted Against Insured And Settled Before Trial Was Not Covered by CGL Policy

Case: Blue Cross of Id. Health Serv., Inc. v. Atl. Mut. Ins. Co., Case No. 1:09-CV-246-CWD       Court: United States District Court, District of Idaho Title of Opinion: Memorandum Decision and Order re: (1) Defendants’ Motion for Partial Summary Judgment, etc. … Continue reading

Posted in CGL Policy Coverage, Hon. Candy W. Dale, IDAHO BUSINESS LAW TOPIC, INSURANCE, Wendy Couture | Comments Off