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SHERRARD v. CITY OF REXBURG

No. 17017.

748 P.2d 399 (1988)

113 Idaho 815

Robert SHERRARD and Ivy Sherrard, husband and wife, Plaintiffs-Respondents, v. The CITY OF REXBURG, Idaho, a municipal corporation, DeLynn Edstrom and David Thibault, Defendants-Appellants, and Intermountain Gas Company, a corporation, Defendant.

Supreme Court of Idaho.

January 7, 1988.

Attorney(s) appearing for the Case

Ward, Maguire, Bybee & Kline, Pocatello, for appellants. D. Kirk Bybee argued.

Anderson, Pike & Bush, Idaho Falls, for respondents. John M. Sharp argued.

SHEPARD, Chief Justice.

This case presents certified questions from the United States District Court of Idaho pursuant to I.A.R. 12.1, i.e., (1) when an insurer of an alleged tortfeasor municipality becomes insolvent, do the provisions of the Idaho Insurance Guaranty Act (I.C. § 41-3601 et seq.) limit a plaintiff's amount of recovery against the tortfeasor municipality; and (2) if the answer to the foregoing question is yes, are medical expenses...

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