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BURGESS FARMS v. NEW HAMPSHIRE INS. GROUP

Nos. 14803, 14804.

702 P.2d 869 (1985)

108 Idaho 831

BURGESS FARMS, a partnership, Plaintiff-Appellant, v. NEW HAMPSHIRE INSURANCE GROUP, an insurance corporation, individually and through its affiliate or Associated Insurance Company, Granite State Insurance Company, Defendants-Respondents, and Taber-McDonald Insurance Agency, Inc., and Greg McDonald, Defendants-Appellants.

Court of Appeals of Idaho.

June 20, 1985.

Attorney(s) appearing for the Case

Thomas H. Church of Church, Church, Snow & Tuft, Burley, for plaintiff-appellant, Burgess Farms.

Robert M. Tyler, Jr., of Elam, Burke, Evans, Boyd & Koontz, Boise, for defendants-appellants, Taber-McDonald Ins. Agency and Greg McDonald.

Thomas B. High of Benoit, Alexander & Sinclair, Twin Falls, for defendants-respondents.

SWANSTROM, Judge.

Burgess Farms brought this suit to recover from New Hampshire Insurance Group (hereinafter "New Hampshire") under a policy which covered, among other perils, vandalism and malicious mischief. New Hampshire contended that because Burgess Farms could not prove the destruction of its property was willful and malicious the loss was not covered. In the alternative, Burgess Farms sought recovery from the Taber-McDonald Insurance Agency, Inc. (hereinafter...

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