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ESTATE OF HOLLAND v. METROPOLITAN PROPERTY

No. 38157-2010.

279 P.3d 80 (2012)

The ESTATE OF Benjamin HOLLAND deceased; Gregory Holland; and Kathleen Holland, Plaintiffs-Appellants, v. METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY, and Metlife Auto & Home, Defendants-Respondents.

Supreme Court of Idaho, Coeur d'Alene, May 2012 Term.

Rehearing Denied June 25, 2012.

Attorney(s) appearing for the Case

Kinzo H. Mihara , Coeur d'Alene, argued for appellants.

William J. Schroeder , Paine Hamblen, LLP, argued for respondents.

EISMANN, Justice.

This is an appeal from the denial of attorney fees under Idaho Code section 41-1839 on the ground that the insured's proof of loss was insufficient under the statute because it did not provide the insurer with the legal theory upon which coverage was later determined to exist. We vacate the judgment because a proof of loss need not include an analysis of the proper theory of coverage under the insurance policy.

I.

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