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STATE FARM FIRE & CAS. CO. v. HEINZ

No. 25855.

34 P.3d 429 (2001)

136 Idaho 381

STATE FARM FIRE & CASUALTY COMPANY, Plaintiff-Respondent, v. Michael R. HEINZ and Rex L. Nebeker and Paula N. Nebeker, husband and wife, d/b/a Nebeker Construction, Defendants-Appellants.

Supreme Court of Idaho, Twin Falls, November 2000 Term.

Rehearing Denied November 6, 2001.

Attorney(s) appearing for the Case

Cooper & Larsen, Chtd., Pocatello, for appellants. Reed W. Larsen argued.

Clements, Brown & McNichols, P.A., Lewiston, for respondent. Michael E. McNichols argued.

SCHROEDER, Justice.

This case arises from the district court's grant of summary judgment to State Farm Fire & Casualty Company (State Farm), finding that an injury suffered by Michael R. Heinz (Heinz) was covered under Rex and Paula Nebeker's (the Nebekers) Homeowner's Insurance Policy, not their contractor's policy.

I.

BACKGROUND AND PRIOR PROCEEDINGS

The Nebekers own a construction company which builds residential homes, mostly log...

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