ANDERSON v. FARMERS INS. CO. OF IDAHO

No. 23251.

947 P.2d 1003 (1997)

130 Idaho 755

Virginia E. ANDERSON, Plaintiff-Appellant, v. FARMERS INSURANCE COMPANY OF IDAHO, Defendant-Respondent.

Supreme Court of Idaho, Pocatello, September 1997 Term.

November 6, 1997.


Attorney(s) appearing for the Case

Lowell N. Hawkes, Chtd., Pocatello, for plaintiff-appellant. Lowell N. Hawkes, argued.

Racine, Olson, Nye, Cooper & Budge, Pocatello, for defendant-respondent. Brent Roche, argued.


JOHNSON, Justice.

This is an insurance bad faith case. We conclude that the trial court correctly ruled that (1) the insurer did not waive its right to demand arbitration under the policy, (2) the insured was not entitled to attorney fees under I.C. § 41-1839, and (3) the insurer was entitled to summary judgment dismissing the insured's bad faith claim.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS

Farmers Insurance Company of Idaho (Farmers...

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