LAYH v. JONAS

No. 11338.

535 P.2d 661 (1975)

96 Idaho 688

George LAYH and Karleen J. Layh, husband and wife, Plaintiff-Appellants, v. Robert JONAS and Continental Life & Accident Company, Defendant-Respondents.

Supreme Court of Idaho.

Rehearing Denied June 10, 1975.


Attorney(s) appearing for the Case

David W. Cantrill of Derr, Derr, Walters & Cantrill, Boise, for plaintiffs-appellants.

Edith Miller Klein of Langroise, Sullivan & Smylie, Boise, for defendants-respondents.


SHEPARD, Justice.

Plaintiff-Appellants Layh sought reformation of a medical insurance policy alleging that fraudulent representations had been made by the insurance agent which induced them to enter into the contract. This appeal is from summary judgment sought by and granted to defendant-respondents Continental Life and Accident Company, and Jonas. We reverse and remand.

At the outset we note that on appeal from a summary judgment, the party against which...

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