Monthly Archives: September 2011

A Household Exclusion in an Umbrella Policy Does Not Violate Public Policy

Posted on September 24, 2011 by Wendy Couture

Case: Farm Bureau Mutual Insurance Co. v. Schrock, Docket No. 37172 Court: Supreme Court of Idaho Date Issued:   March 22, 2011 Justices: Opinion Author: J. Jones, Justice Concurring in Opinion:  Horton, Justice Specially Concurring:  Burdick, Justice Specially Concurring:  Eismann, Chief … Continue reading →

Posted in Hon. Jim Jones, Household Exclusion, IDAHO BUSINESS LAW TOPIC, INSURANCE, Jeff Street, OPINION AUTHOR, Public Policy, SUMMARY AUTHOR, Umbrella Policy | Comments Off

A Party Can Bring a Suit Against a Guarantor Even if the Underlying Borrower Is Not a Named Defendant

Posted on September 20, 2011 by Wendy Couture

Case: Mountain West Bank v. Idaho Fence Co., Inc. Case No. CV-2010-10203 Court: Kootenai County District Court Date Issued: May 20, 2011 Judge: John T. Mitchell, District Judge Issue: Whether a party may institute a suit against a guarantor if the underlying … Continue reading →

Posted in Guaranties, Hon. John T. Mitchell, IDAHO BUSINESS LAW TOPIC, Ky Martin Papke, OPINION AUTHOR, PROPERTY SECURITY, SUMMARY AUTHOR | Comments Off

Under the IPPEA, Constructive Discharge Occurs on the Date That Employee Provides Notice of Intent to Resign, Not on the Effective Date of the Resignation

Posted on September 19, 2011 by Wendy Couture

Case:  Patterson v. Idaho Department of Health and Welfare, Docket No. 37416 Court: Supreme Court of Idaho Date Issued: June 29, 2011 Justices: Opinion Author:  J. Jones, Justice Concurring in Opinion:  Eismann, Chief Justice; Burdick, Justice; W. Jones, Justice; Horton, … Continue reading →

Posted in Constructive Discharge, Hon. Jim Jones, IDAHO BUSINESS LAW TOPIC, Idaho Protection of Public Employees Act, OPINION AUTHOR, Scott Lindstrom, SUMMARY AUTHOR | Comments Off

The “One-Action” Rule of I.C. § 45-1503 Does Not Protect the Guarantor of an Obligation Secured by a Deed of Trust

Posted on September 18, 2011 by Wendy Couture

Case: Mountain West Bank v. Idaho Fence Co., Inc., Case No. CV-2010-10203 Court: Kootenai County District Court Date Issued: May 20, 2011 Judge: John T. Mitchell, District Judge Issue: Under I.C. § 45-1503, may the guarantors of a commercial loan … Continue reading →

Posted in Brian Schlect, Guaranties, Hon. John T. Mitchell, IDAHO BUSINESS LAW TOPIC, Idaho Trust Deed Act, Idaho Trust Deed Act, Non-Judicial Foreclosure, One-Action Rule, OPINION AUTHOR, PROPERTY SECURITY, STATUTES, SUMMARY AUTHOR | Comments Off

A Tenant in a Multi-Tenant Shopping Center Owes No Duty to Warn Invitees of Hazards Located Near the Entrance to the Tenant’s Business, Where the Area is Not Part of the Leased Premises or Under the Tenant’s Control

Posted on September 2, 2011 by Wendy Couture

Case: McDevitt v. Sportsman’s Warehouse, Inc., Docket No. 37244           Court: Idaho Supreme Court Date Issued: May 27, 2011 Judges: Opinion Author:  W. Jones, Justice Concurring in Opinion:  Eismann, Chief Justice; Burdick, Justice; J. Jones, Justice; and Horton, Justice Issue: Whether … Continue reading →

Posted in Aaron Hooper, Hon. Warren E. Jones, IDAHO BUSINESS LAW TOPIC, OPINION AUTHOR, Premises Liability, SUMMARY AUTHOR | Comments Off