GARNETT v. TRANSAMERICA INS. SERVICES

No. 17740.

800 P.2d 656 (1990)

118 Idaho 769

Richard GARNETT, Deborah Garnett, husband and wife, Individually, and David Garnett, dba Perfect Paints and Flooring, Plaintiffs-Respondents, v. TRANSAMERICA INSURANCE SERVICES, an Indiana corporation, Defendant-Appellant, and Harris/Dean Agency, Inc., an Idaho corporation, Defendant.

Supreme Court of Idaho.

October 31, 1990.


Attorney(s) appearing for the Case

Cook, Lamanna, Smith & Cogswell, Priest River, and Bullivant, Houser, Bailey, Pendergrass & Hoffman, Portland, Or., for defendant-appellant. I. Franklin Hunsaker, Portland, argued.

Aherin & Rice, Lewiston, attorneys for plaintiffs-respondents. Darrel W. Aherin, Lewiston, argued.


JOHNSON, Justice.

This is a fire insurance case. The issues presented are:

1. Was the trial court correct in allowing the jury to decide whether the insureds (the Garnetts) were entitled to payments from the insurance company (Transamerica) for repair or replacement of the damaged property before the Garnetts completed the reconstruction and documented the cost? We hold that the trial court properly allowed...

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