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· 2/1/1988

County of Kootenai v. Western Casualty & Surety Co.

Citations

  • 750 P.2d 87
  • 113 Idaho 908
  • 1988 Ida. LEXIS 11

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that the insurer “had a duty to defend if notice was given in the manner required by the policy”
  • finding it \clear that there was substantial performance ...\ where timely notice was given to an authorized agent of the insurer who then mistakenly failed to inform the insurer of the claim
  • “Since this action is based upon rights held and responsibilities due under an insurance contract, it is unnecessary to pursue the issue of the applicability of the Idaho Tort Claims Act.”
  • “Since this action is based upon rights held and responsibilities due under an insurance contract, it is unnecessary to pursue the issue of the applicability of the Idaho Tort Claims Act.”
  • agent who (1) took applications, (2) countersigned and delivered policies, (3) collected and remitted premiums, and (4) transmitted claims on behalf of the insurer, was clothed with apparent authority to bind the insurer
  • “The proper procedure for the insurer to take is to evaluate the claims and determine whether an arguable potential exists for a claim covered by the policy....”

Source: CourtListener parenthetical corpus (CC0).

Judges: Huntley, Shepard, Bakes, Bistline, Bengtson, Tern

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.