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MASON v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

No. 33358.

177 P.3d 944 (2008)

Eugene L. MASON, individual, Plaintiff—Respondent, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a foreign entity, Gary Stokes, agent for State Farm Mutual Automobile Insurance Company, and/or individual, Defendants—Appellants, and John Does, individually, Does I through X, and Business Entities, Does I through X, Defendants.

Supreme Court of Idaho. Twin Falls, November 2007 Term.

Rehearing Denied February 6, 2008.

Attorney(s) appearing for the Case

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

Holland & Hart, LLP, Boise, and Pedersen & Jackson, Twin Falls, for respondent. Kenneth. L. Pedersen argued.

J. JONES, Justice.

Eugene L. Mason sued State Farm in district court alleging negligence, bad faith, breach of contract, and intentional infliction of emotional distress, premised on the fact that State Farm refused to pay a portion of Mason's medical expenses. State Farm asked the court to compel arbitration of the dispute under the medical payment coverage provision of Mason's insurance policy. The district court denied the motion, holding the dispute to be outside...

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