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Archive Articles
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
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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
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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
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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
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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
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