McCORKLE v. NORTHWESTERN MUT. LIFE INS. CO.

No. 30251.

112 P.3d 838 (2005)

141 Idaho 550

Thomas H. McCORKLE and Jane Mack-McCorkle, husband and wife, Plaintiffs-Appellants, v. The NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, a foreign corporation; and Does I through X, individuals whose identities are currently unknown, Defendants-Respondents, and Garth N. Wilde, individually and as an agent of The Northwestern Mutual Life Insurance Company, Defendant.

Court of Appeals of Idaho.

May 12, 2005.


Attorney(s) appearing for the Case

Law Offices of Comstock & Bush, Boise; Jackson, Foster & Graham, LLC, Mobile, Alabama, for appellants. Sidney W. Jackson, III, and John Arthur Bush argued.

Hawley, Troxell, Ennis & Hawley, Boise; Jorden Burt, LLP, Washington D.C., for respondents. Frank Burt argued.


GUTIERREZ, Judge.

Thomas H. McCorkle and Jane Mack-McCorkle (McCorkle) appeal from the order of the district court granting summary judgment in favor of The Northwestern Mutual Life Insurance Company (Northwestern) and Garth N. Wilde and from the order awarding attorney fees to Northwestern.1 We affirm in part and reverse in part.

I.

FACTUAL AND PROCEDURAL SUMMARY

In March 1983, Thomas McCorkle met with Garth...

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