County of Kootenai v. Western Casualty & Surety Co.

2 Citing briefs

  1. St. Paul Fire & Marine Insurance Company v. Aspen Realty, Inc.

    RESPONSE to Motion re MOTION for Summary Judgment

    Filed October 10, 2006

    Insurer is not entitled to assume wrongdoing on Aspen Realty’s part that takes the claim out of coverage. Where there is a chance that the claim is a covered claim, “the insurer must defend regardless of possible defenses arising under the policy . . . .” Kootenai County, supra, 113 Idaho at 910-11, 750 P.2d at 89-90. The random opinions from outside Idaho upon which Insurer relies to urge an “objective” standard are not on point.

  2. Stewart Title Guaranty Company v. Credit Suisse

    MEMORANDUM DECISION AND ORDER granting in part and denying in part 68 Motion for Partial Summary Judgment; granting 72 Motion for Leave to File. Signed

    Filed August 29, 2013

    Id. at 1261 (quoting Kootenai County v. W. Cas. and Sur. Co., 750 P.2d 87, 89 (Id.Sup.Ct. 1988)). Credit Suisse argues that once an insurer begins to defend – as Stewart Title did here – it cannot later drop the defense until a court determines that no coverage exists.