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POCATELLO R.R. CREDIT UNION v. DAIRYLAND INS. CO.

No. 21851.

926 P.2d 628 (1996)

129 Idaho 444

POCATELLO RAILROAD FEDERAL CREDIT UNION, Plaintiff-Respondent-Cross Appellant-Appellant on Appeal, v. DAIRYLAND INSURANCE COMPANY, Defendant-Appellant-Cross Respondent-Respondent on Appeal, and Lee Juan Tyler, Defendant.

Supreme Court of Idaho. Pocatello, September 1996 Term.

November 8, 1996.

Attorney(s) appearing for the Case

Johnson Olson, Chtd., Pocatello, for defendant-appellant. Charles Johnson argued.

Quane, Smith, Howard & Hull, Pocatello, for plaintiff-respondent.

JOHNSON, Justice.

This is an automobile insurance case. The primary issue presented is whether a lien-holder for whose benefit the insurer issued a loss payable endorsement is entitled to actual notice of the cancellation of the insurance policy before termination of the endorsement. We conclude that the lienholder is entitled to actual notice. We also conclude that the lienholder did not receive actual notice and is entitled to attorney fees.

I.

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