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MURPHY v. MID-WEST NATIONAL LIFE INSURANCE COMPANY OF TENNESSEE

No. 28510.

78 P.3d 766 (2003)

139 Idaho 330

Mark George MURPHY and Jannett Marie Murphy, Plaintiffs-Respondents, v. MID-WEST NATIONAL LIFE INSURANCE COMPANY OF TENNESSEE, a UICI company, Defendant-Appellant, and James Parish, individually and as agent; John Doe and Jane Doe, individually and/or as husband and wife; Does I through X; and Business Entities, Does I through X, Defendants.

Supreme Court of Idaho, Boise, May 2003 Term.

October 9, 2003.

Attorney(s) appearing for the Case

Elam & Burke, P.A., Boise, for appellants. Jeffrey A. Thomson argued.

Pedersen and Jackson, Twin Falls, for respondents. Jarom A. Whitehead argued.

SCHROEDER, Justice.

Mid-West National Life Insurance Company of Tennessee (Mid-West) appeals the district court's ruling that the provision in the insurance policy it sold to Mark and Jannett Murphy (Murphys) that compels arbitration in disputes over policy coverage is unenforceable.

I.

BACKGROUND AND PRIOR PROCEEDINGS

In April of 2000 Mid-West issued a health insurance policy to the Murphys. The policy was acquired through an independent...

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