Category Archives: INSURANCE

Civil Rights Claims under the Fair Housing Act Are Within The Scope of A Policy Exclusion for Claims Arising Out of “Land Use Regulation”

Case: County of Boise v. Idaho Counties Risk Management Program, Docket No. 37861 Court: Idaho Supreme Court Date Issued:    November 30, 2011 Justices: Opinion Author:  J. Jones, Justice Concurring in Opinion:  Burdick, Chief Justice; Eismann, Justice; W. Jones, Justice; and … Continue reading

Posted in E&O Policy Coverage, Hon. Jim Jones, IDAHO BUSINESS LAW TOPIC, INSURANCE, OPINION AUTHOR, SUMMARY AUTHOR, Wendy Couture | Comments Off

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

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 Death Caused By Natural Causes That A Hospital Negligently Failed To Treat Is Not An “Accidental Death” Within The Scope of An AD&D Policy

Case: Dumoulin v. CUNA Mutual Group, Docket No. 36828 Court: Supreme Court of Idaho Date Issued: March 16, 2011 Justices: Opinion Author:  Horton, Justice Concurring in Opinion:  Eismann, Chief Justice; Burdick, Justice, J. Jones, Justice; W. Jones, Justice Issue: Whether … Continue reading

Posted in AD&D Policy Coverage, Hon. Joel D. Horton, IDAHO BUSINESS LAW TOPIC, INSURANCE, Jane Gordon, OPINION AUTHOR | Comments Off

An Insurance Policy Entered Into By An Individual Who Has Been Adjudicated to Be Incapacitated Is Void

Case: Rogers v. Household Life Insurance Co., Docket No. 36746 Court: Supreme Court of Idaho Date Issued: March 18, 2011 Justices: Opinion Author: Horton, Justice Concurring in Opinion: Eismann, Chief Justice; Burdick, Justice; J. Jones, Justice; W. Jones, Justice Issue: … Continue reading

Posted in Brian Schlect, CONTRACTS, Hon. Joel D. Horton, IDAHO BUSINESS LAW TOPIC, Incapacity, Incapacity, INSURANCE, Term Life Insurance | Comments Off

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

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