MECKERT v. TRANSAMERICA INS. CO.

CA No. 84-3567.

763 F.2d 1071 (1985)

Klaus MECKERT, Plaintiff-Appellant, v. TRANSAMERICA INSURANCE COMPANY, a California corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Resubmitted May 16, 1985.

Decided June 19, 1985.


Attorney(s) appearing for the Case

Dale Smith, Smith & Peart, Fruitland, Idaho, for plaintiff-appellant.

John Howard, Quane, Smith, Howard & Hull, Boise, Idaho, for defendant-appellee.

Before PECK, WRIGHT, and FARRIS, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge:

The facts are set forth in Meckert v. Transamerica Ins. Co., 742 F.2d 505, 505-06 (9th Cir.1984), in which we certified to the Idaho Supreme Court this question: "is the `other owned vehicle' exclusion from Transamerica's underinsured motorist coverage enforceable under Idaho law?" Meckert, 742 F.2d at 507.

The Idaho court, 701 P.2d 217, answered...

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