BANTZ v. MUTUAL OF ENUMCLAW INS.

Nos. 19665, 19695.

864 P.2d 618 (1993)

124 Idaho 780

Merrie Jo BANTZ and Kirk Bantz, Individually and as Husband and Wife, Plaintiffs-Respondents, v. Neal T. Bongard, E.L. Murphy Trucking Co., and Carrier's Insurance Company of Iowa, all by and through the Minnesota Insurance Guaranty Association, a quasi-governmental entity, created by the laws of the state of Minnesota, Defendants, and MUTUAL OF ENUMCLAW INSURANCE COMPANY, a Washington corporation authorized to do business in the state of Idaho, on Behalf of C. Benjamin HAMILTON, Defendant-Appellant, North Pacific Insurance Company, an Oregon corporation authorized to do business in the state of Idaho, Defendant. Merrie Jo BANTZ and Kirk Bantz, Individually and as Husband and Wife, Plaintiffs-Respondents, v. Neal T. BONGARD, E.L. Murphy Trucking Co., and Carrier's Insurance Company of Iowa, all by and through the Minnesota Insurance Guaranty Association, a quasi-governmental entity, created by the laws of the state of Minnesota, Defendants-Appellants, and Mutual of Enumclaw Insurance Company, a Washington Corporation authorized to do business in the state of Idaho, on behalf of C. Benjamin Hamilton; North Pacific Insurance Company, an Oregon corporation authorized to do business in the state of Idaho, Defendants.

Supreme Court of Idaho, Boise, January 1993 Term.

November 29, 1993.


Attorney(s) appearing for the Case

Cantrill, Skinner, Sullivan & King, Boise, for appellant Mut. of Enumclaw. Robert D. Lewis, argued.

Smith & Beeks, Twin Falls, for appellant MN Ins. Guar. Ass'n. Paul M. Beeks, argued.

Skinner, Fawcett & Mauk, Boise, for respondents Merrie Jo Bantz and Kirk Bantz. W. Craig James, argued.


BISTLINE, Justice.

This is an insurance coverage case which involves the questions of: 1) whether Merrie Jo Bantz (Bantz), who is a third-party beneficiary of an uninsured motorist insurance policy, has waived that insurance coverage by settling with some parties before trial without the permission of the insurance company or by failing to give timely notice of her claim to the insurance company, and 2) whether the Minnesota...

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