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LUCAS v. STATE FARM FIRE & CAS. CO.

No. 23416.

963 P.2d 357 (1998)

131 Idaho 674

Walter LUCAS and Deborah Lucas, husband and wife, Plaintiffs-Appellants, v. STATE FARM FIRE AND CASUALTY COMPANY, a corporation; State Farm Mutual Automobile Insurance Company, a corporation; An Association Which Includes State Farm Fire And Casualty Company, a corporation, and State Farm Mutual Automobile Insurance Company, a corporation, Defendants-Respondents.

Supreme Court of Idaho, Boise, December 1997 Term.

Rehearing Denied September 28, 1998.

Attorney(s) appearing for the Case

Harris & Sutton, Boise, for Appellants. Jim C. Harris argued.

Elam & Burke, P.A., Boise, for Respondents. Bobbi K. Dominick argued.

WALTERS, Justice.

Following an auto accident involving Walter Lucas, Walter and Deborah Lucas (Lucas) filed an action against their insurance company, State Farm, seeking damages for bad faith, breach of contract and fraud. On State Farm's motion for partial summary judgment, the district court ruled that because there was conflicting medical evidence, Lucas's claim was "fairly debatable," and thus granted summary judgment to State Farm. We vacate the judgment and...

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