Earlier this year, the Idaho Supreme Court upheld a ruling in Lanningham v. Farm Bureau Mutual Insurance Company of Idaho, that clarified underinsured motorist (UIM) coverage limitations. The court affirmed that non-resident adult children do not qualify as “insured” under their parent’s UIM policy and that an insured’s estate cannot claim benefits for wrongful death....
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April 25, 2023 Insurance companies may often feel incentivized to seek early settlement with a person who has suffered a personal injury. However, in Idaho, there is a potential risk that insurers should be aware of before doing so. Under Idaho Code § 29-113, a person who enters into an agreement within 15 days after...
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March 21, 2023 Idaho Code § 41-1839 is a terrifying statute. Under that statute, any insurer who fails to pay someone amounts owed within 30 days after a proof of loss has been furnished (or within 60 days if the policy is for uninsured or underinsured motorist coverage) must pay attorney fees. This language seems...
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September 21, 2022 In the legal world, we often think in terms of precedent or stare decisis. This general rule requires that when the Supreme Court has decided on an issue, that ruling applies to all future cases on the same issue. “When there is controlling precedent on questions of Idaho law the rule of...
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June 28, 2022 Idaho’s attorney fee rules begin with the principle that everyone pays for their own attorney. Stated another way, “Idaho follows the ‘American Rule’ of attorney fees, which requires a party requesting attorney fees on appeal to cite either statutory or contractual authority in support.” Mortensen v. Stewart Title Guar. Co., 149 Idaho...
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May 12, 2022 Here are some of the highlights from the Idaho Department of Health & Welfare’s recent press release that states dog-bite related injuries are on the rise in Idaho. DOG BITE CLAIMS IN IDAHO – PART 1 “[I]n Idaho, all dogs, regardless of breed or size, are presumed to be harmless domestic animals.”...
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May 2, 2022 The relationship between an insurer and an insured is difficult to describe. In part, it is contractual in nature, because the insurance agreement between the insurer and the insured is a written contract. However, it is not purely contractual, which often results in somewhat unexpected outcomes in what seem to be normal...
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February 23, 2022 There have been attacks on UIM policies for years, with plaintiffs trying to obtain judicial rulings to increase payments under such policies. In 2019, the Idaho Supreme Court discussed UIM policies, and found that there were two types of coverage: “excess” and “difference in limits,” sometimes called “offset” coverage. Wood v. Farmers...
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January 20, 2022 CITY AND COUNTY CODES AND DOG BITES Cities and counties have interjected themselves into the mix in dog bite cases. It seems that, with the exception of Idaho Code § 25-2810(11), most regulations and rules dealing with dogs are dealt with at the municipal or county level. For example, Ada County Code...
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January 4, 2022 “[I]n Idaho, all dogs, regardless of breed or size, are presumed to be harmless domestic animals.” Bright v. Maznik. While dogs themselves are presumed to be harmless, the law in a dog bite case is anything but. One dog bite can lead to multiple alternative causes of action, including negligence, negligence per...
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July 30, 2021 Idaho follows the general rule that evidence of post-accident repairs or alterations, or “subsequent remedial measures,” to show antecedent negligence is inadmissible at trial.1 Under Idaho R. Evid. 407, the evidence is also inadmissible to show a defect in a product or design or a need for a warning or instruction. People...
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July 28, 2021 Like the “unavoidable accident” defense, the “sudden emergency” doctrine has roots dating back to the early 20th century.1 The doctrine recognizes that, when a person is placed in a position of apparent peril or danger without time to consider the circumstances, and in an effort to avoid such danger steps in the...
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