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BOLL v. STATE FARM MUT. AUTO. INS. CO.

No. 29295.

92 P.3d 1081 (2004)

140 Idaho 334

Hans BOLL and Peggy Boll, husband and wife, Plaintiffs/Appellants/Cross-Respondents, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant/Respondent/Cross-Appellant.

Supreme Court of Idaho, Boise, March 2004 Term.

June 15, 2004.

Attorney(s) appearing for the Case

Robertson Hepworth Sleete Worst & Stover PLLC, Twin Falls, for Appellants. Jeffrey J. Hepworth argued.

Elam & Burke PA, Boise, for Respondent. Jeffrey A. Thomson argued.

KIDWELL, Justice.

This case is an appeal from a jury verdict, finding no breach of contract by an insurance company and a district court's subsequent application of the "common fund" doctrine to award the Appellants attorney fees for collection expenses in securing repayment of an insurance company's subrogation interest. The judgment of the district court is affirmed.

I.

FACTUAL AND PROCEDURAL BACKGROUND

On April 12, 1996, the Appellants...

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