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COLONIAL PENN FRANKLIN INS. CO. v. WELCH

No. 17992.

811 P.2d 838 (1991)

119 Idaho 913

COLONIAL PENN FRANKLIN INSURANCE COMPANY, Plaintiff-Appellant, v. Paul WELCH and Lillian Welch, guardians ad litem for minor child Danny Welch, Jr., Robert Livingston and Margaret Livingston; Keith Dougherty, Sr., guardian ad litem for minor children Nikki D. Dougherty and Keith E. Dougherty, Jr., Robert Burkhardt, Denise Wolford and Daniel Willis, Defendants-Respondents.

Supreme Court of Idaho, Boise, January 1990 Term.

May 10, 1991.

Attorney(s) appearing for the Case

Lloyd J. Walker, Twin Falls, for plaintiffs-appellants.

Benoit, Alexander, Sinclair, Doerr, Harwood & High, Twin Falls, for plaintiff-appellant. John A. Doerr (argued).

Smith & Beeks, Twin Falls, for defendants-respondents Welch.

Hepworth, Nungester & Lezamiz, Twin Falls, for defendant-respondent Willis.

Webb, Burton, Carlson, Pederson & Webb, Twin Falls, for defendant-respondent Burkhardt.

R. Jeffrey Stoker, (argued), Twin Falls, for defendant-respondent Wolford.

BISTLINE, Justice.

Pursuant to Rule 12.1 of the Idaho Appellate Rules this Court accepted a certified question at the request of the Honorable Marion J. Callister, United States District Judge for the District of Idaho:

Whether under Idaho Code § 49-1521(c) an insurance company in a motor vehicle liability policy may exclude from coverage any motor vehicle not owned by the named insured if such vehicle is furnished or made available to the named insured...

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