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25 Idaho opinions name it 2 courts 1980–2019 0 in the last five years
The cases below were cited by Idaho courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Associates Discount Corp. of Idaho v. Yosemite Ins. Co.green2 sentences2007In Carter v. Cascade Insurance Company, 92 Idaho 136, 140 , 438 P.2d 566, 570 (1968), we added to Idaho Code § 41-1839 a requirement that "there must be evidence that an insurer has acted unreasonably or unjustly before a court may award attorney's fees under I.C. § 41-1839." Five years later in Associates Discount Corp. of Idaho v. Yosemite Insurance Co., 96 Idaho 249, 257 , 526 P.2d 854, 862 (1973), we overruled that portion of the Cascade Insurance opinion because it "engrafts upon the statute a requirement which we now feel is unwarranted." Mutual of Enumclaw asks us to revive that portion 2007In Carter v. Cascade Insurance Company, 92 Idaho 136, 140 , 438 P.2d 566, 570 (1968), we added to Idaho Code § 41-1839 a requirement that "there must be evidence that an insurer has acted unreasonably or unjustly before a court may award attorney's fees under I.C. § 41-1839." Five years later in Associates Discount Corp. of Idaho v. Yosemite Insurance Co., 96 Idaho 249, 257 , 526 P.2d 854, 862 (1973), we overruled that portion of the Cascade Insurance opinion because it "engrafts upon the statute a requirement which we now feel is unwarranted." Mutual of Enumclaw asks us to revive that portion | 2 | 2 |
Walton v. Hartford Insurancegreen2 sentences1997Co., 120 Idaho 616 , 818 P.2d 320 (1991) (ruling that the Waltons were entitled to attorney fees under I.C. § 41-1839 because they were forced to sue Hartford after settlement negotiations had become hopelessly deadlocked). 1997Co., 120 Idaho 616 , 818 P.2d 320 (1991) (ruling that the Waltons were entitled to attorney fees under I.C. § 41-1839 because they were forced to sue Hartford after settlement negotiations had become hopelessly deadlocked). | 1 | 3 |
Parsons v. Mutual of Enumclaw Insurancegreen2 sentences2012Co., 143 Idaho 743 , 152 P.3d 614 (2007)] case, the facts in this case do not indicate Metlife was served with a Complaint and Summons or otherwise knew of the Hollands’ lawsuit at the time the offer was tendered.” There is nothing in Parsons indicating that knowledge of the lawsuit has any relevance to the award of attorney fees under section 41-1839. 2012Co., 143 Idaho 743 , 152 P.3d 614 (2007)] case, the facts in this case do not indicate Metlife was served with a Complaint and Summons or otherwise knew of the Hollands’ lawsuit at the time the offer was tendered.” There is nothing in Parsons indicating that knowledge of the lawsuit has any relevance to the award of attorney fees under section 41-1839. | 1 | 2 |
Northland Insurance v. Boise's Best Autos & Repairsgreen2 sentences2005Co. v. Boise's Best Autos & Repairs, 131 Idaho 432 , 958 P.2d 589 (1998), the Court examined whether or not an insured was entitled to attorney fees under I.C. § 41-1839. 2005Co. v. Boise's Best Autos & Repairs, 131 Idaho 432 , 958 P.2d 589 (1998), the Court examined whether or not an insured was entitled to attorney fees under I.C. § 41-1839. | 1 | 2 |
Bonner County v. Panhandle Rodeo Ass'n, Inc.green2 sentences1995See Mutual of Enumclaw v. Harvey, 115 Idaho 1009, 1015 , 772 P.2d 216, 222 (1989) (affirming I.C. § 41-1839 award of fees to judgment creditor at trial and awarding additional fees under that section on appeal); Bonner County v. Panhandle Rodeo Ass’n, Inc., 101 Idaho 772, 777 , 620 P.2d 1102, 1107 (1980) (any person who has a claim under an insurance policy can recover attorney fees under § 41-1839, including additional insureds). 1995See Mutual of Enumclaw v. Harvey, 115 Idaho 1009, 1015 , 772 P.2d 216, 222 (1989) (affirming I.C. § 41-1839 award of fees to judgment creditor at trial and awarding additional fees under that section on appeal); Bonner County v. Panhandle Rodeo Ass’n, Inc., 101 Idaho 772, 777 , 620 P.2d 1102, 1107 (1980) (any person who has a claim under an insurance policy can recover attorney fees under § 41-1839, including additional insureds). | 1 | 2 |
Halliday v. Farmers Insurance Exchangegreen2 sentences1996Exch., 89 Idaho 293, 297-301 , 404 P.2d 634, 636-38 (1965) (determining whether mandatory attorney fees in I.C. § 41-1839 were penal or compensatory); Tomazich v. Padis, 72 Idaho 77, 82 , 237 P.2d 1071, 1074 (1951) (construing treble damages section of Federal Housing and Rent Act to be penal in nature). 1996Exch., 89 Idaho 293, 297-301 , 404 P.2d 634, 636-38 (1965) (determining whether mandatory attorney fees in I.C. § 41-1839 were penal or compensatory); Tomazich v. Padis, 72 Idaho 77, 82 , 237 P.2d 1071, 1074 (1951) (construing treble damages section of Federal Housing and Rent Act to be penal in nature). | 1 | 2 |
Hansen v. State Farm Mutual Automobile Insurancegreen2 sentences1988The magistrate awarded attorney fees to the Howards based on I.C. § 41-1839 which mandates an award of fees in certain actions brought by claimants who must resort to suit in order to recover on a policy against an “insurer.” See, e.g., Hansen v. State Farm Mutual Automobile Insurance Company, 112 Idaho 663 , 735 P.2d 974 (1987). 1988The magistrate awarded attorney fees to the Howards based on I.C. § 41-1839 which mandates an award of fees in certain actions brought by claimants who must resort to suit in order to recover on a policy against an “insurer.” See, e.g., Hansen v. State Farm Mutual Automobile Insurance Company, 112 Idaho 663 , 735 P.2d 974 (1987). | 1 | 2 |
Martin v. State Farm Mutual Automobile Insurancegreen2 sentences2007This Court made clear in Martin v. State Farm Mutual Automobile Insurance Co., 138 Idaho 244, 248 , 61 P.3d 601, 605 (2002) that "if the insurance company makes no tender within thirty days . . . [it] is liable for a reasonable amount of the insured's attorney fees, as compensation to make the insured whole." Here, rather than making a tender less than the $100,000 policy limits demanded by Parsons or advising Parsons that the proof of loss was insufficient, Mutual of Enumclaw chose to remain silent for more than thirty days following the demand, making itself liable for an attorney fee under 2007This Court made clear in Martin v. State Farm Mutual Automobile Insurance Co., 138 Idaho 244, 248 , 61 P.3d 601, 605 (2002) that "if the insurance company makes no tender within thirty days . . . [it] is liable for a reasonable amount of the insured's attorney fees, as compensation to make the insured whole." Here, rather than making a tender less than the $100,000 policy limits demanded by Parsons or advising Parsons that the proof of loss was insufficient, Mutual of Enumclaw chose to remain silent for more than thirty days following the demand, making itself liable for an attorney fee under | 1 | 1 |
Carter v. Cascade Insurance Companygreen2 sentences2007In Carter v. Cascade Insurance Company, 92 Idaho 136, 140 , 438 P.2d 566, 570 (1968), we added to Idaho Code § 41-1839 a requirement that "there must be evidence that an insurer has acted unreasonably or unjustly before a court may award attorney's fees under I.C. § 41-1839." Five years later in Associates Discount Corp. of Idaho v. Yosemite Insurance Co., 96 Idaho 249, 257 , 526 P.2d 854, 862 (1973), we overruled that portion of the Cascade Insurance opinion because it "engrafts upon the statute a requirement which we now feel is unwarranted." Mutual of Enumclaw asks us to revive that portion 2007In Carter v. Cascade Insurance Company, 92 Idaho 136, 140 , 438 P.2d 566, 570 (1968), we added to Idaho Code § 41-1839 a requirement that "there must be evidence that an insurer has acted unreasonably or unjustly before a court may award attorney's fees under I.C. § 41-1839." Five years later in Associates Discount Corp. of Idaho v. Yosemite Insurance Co., 96 Idaho 249, 257 , 526 P.2d 854, 862 (1973), we overruled that portion of the Cascade Insurance opinion because it "engrafts upon the statute a requirement which we now feel is unwarranted." Mutual of Enumclaw asks us to revive that portion | 1 | 1 |
Wolfe v. Farm Bureau Insurancegreen2 sentences2006Co., 128 Idaho 398, 405 , 913 P.2d 1168, 1175 (1996) (“An application seeking the confirmation of an arbitration award is not an action in court to recover attorney fees pursuant to I.C. § 41-1839.”). 2006Co., 128 Idaho 398, 405 , 913 P.2d 1168, 1175 (1996) (“An application seeking the confirmation of an arbitration award is not an action in court to recover attorney fees pursuant to I.C. § 41-1839.”). | 1 | 1 |
Empire Fire & Marine Insurance v. North Pacific Insurancegreen2 sentences1998Co., 129 Idaho 444, 447 , 926 P.2d 628, 631 (1996); see also Empire Fire & Marine Ins. v. North Pacific, 127 Idaho 716, 719-720 , 905 P.2d 1025, 1028-29 (1995) (holding that a subrogee standing in the shoes of an insured who would have been entitled to recover attorney fees pursuant to I.C. § 41-1839(1), is similarly entitled to recover attorney fees). 1998Co., 129 Idaho 444, 447 , 926 P.2d 628, 631 (1996); see also Empire Fire & Marine Ins. v. North Pacific, 127 Idaho 716, 719-720 , 905 P.2d 1025, 1028-29 (1995) (holding that a subrogee standing in the shoes of an insured who would have been entitled to recover attorney fees pursuant to I.C. § 41-1839(1), is similarly entitled to recover attorney fees). | 1 | 1 |
Pocatello Railroad Federal Credit Union v. Dairyland Insurancegreen2 sentences1998Co., 129 Idaho 444, 447 , 926 P.2d 628, 631 (1996); see also Empire Fire & Marine Ins. v. North Pacific, 127 Idaho 716, 719-720 , 905 P.2d 1025, 1028-29 (1995) (holding that a subrogee standing in the shoes of an insured who would have been entitled to recover attorney fees pursuant to I.C. § 41-1839(1), is similarly entitled to recover attorney fees). 1998Co., 129 Idaho 444, 447 , 926 P.2d 628, 631 (1996); see also Empire Fire & Marine Ins. v. North Pacific, 127 Idaho 716, 719-720 , 905 P.2d 1025, 1028-29 (1995) (holding that a subrogee standing in the shoes of an insured who would have been entitled to recover attorney fees pursuant to I.C. § 41-1839(1), is similarly entitled to recover attorney fees). | 1 | 1 |
Tomazich v. Padisgreen2 sentences1996Exch., 89 Idaho 293, 297-301 , 404 P.2d 634, 636-38 (1965) (determining whether mandatory attorney fees in I.C. § 41-1839 were penal or compensatory); Tomazich v. Padis, 72 Idaho 77, 82 , 237 P.2d 1071, 1074 (1951) (construing treble damages section of Federal Housing and Rent Act to be penal in nature). 1996Exch., 89 Idaho 293, 297-301 , 404 P.2d 634, 636-38 (1965) (determining whether mandatory attorney fees in I.C. § 41-1839 were penal or compensatory); Tomazich v. Padis, 72 Idaho 77, 82 , 237 P.2d 1071, 1074 (1951) (construing treble damages section of Federal Housing and Rent Act to be penal in nature). | 1 | 1 |
Reynolds v. American Hardware Mutual Insurancegreen2 sentences1996Co., 115 Idaho 362, 366 , 766 P.2d 1243, 1247 (1988) (same); Emery, 120 Idaho at 247 , 815 P.2d at 445 . (holding that an award of fees under § 41-1839 was mandatory where an insured is “compelled to file a lawsuit by reason of an insurer’s refusal to pay ” to recover for a loss under her insurance contract); Walton, 120 Idaho at 620 , 818 P.2d at 324 (same). 1996Co., 115 Idaho 362, 366 , 766 P.2d 1243, 1247 (1988) (same); Emery, 120 Idaho at 247 , 815 P.2d at 445 . (holding that an award of fees under § 41-1839 was mandatory where an insured is “compelled to file a lawsuit by reason of an insurer’s refusal to pay ” to recover for a loss under her insurance contract); Walton, 120 Idaho at 620 , 818 P.2d at 324 (same). | 1 | 1 |
Mutual of Enumclaw v. Harveygreen2 sentences1995See Mutual of Enumclaw v. Harvey, 115 Idaho 1009, 1015 , 772 P.2d 216, 222 (1989) (affirming I.C. § 41-1839 award of fees to judgment creditor at trial and awarding additional fees under that section on appeal); Bonner County v. Panhandle Rodeo Ass’n, Inc., 101 Idaho 772, 777 , 620 P.2d 1102, 1107 (1980) (any person who has a claim under an insurance policy can recover attorney fees under § 41-1839, including additional insureds). 1995See Mutual of Enumclaw v. Harvey, 115 Idaho 1009, 1015 , 772 P.2d 216, 222 (1989) (affirming I.C. § 41-1839 award of fees to judgment creditor at trial and awarding additional fees under that section on appeal); Bonner County v. Panhandle Rodeo Ass’n, Inc., 101 Idaho 772, 777 , 620 P.2d 1102, 1107 (1980) (any person who has a claim under an insurance policy can recover attorney fees under § 41-1839, including additional insureds). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Idaho. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Unigard Insurance v. United States Fidelity & Guaranty Co.
green
2 sentences1998Co., 111 Idaho 891 , 728 P.2d 780 (Ct.App. 1986). [1] In Unigard, the Court of Appeals held that the award of attorney fees to an insured under I.C. § 41-1839 was appropriate in declaratory relief actions brought by the insurer against the insured. 1998Co., 111 Idaho 891 , 728 P.2d 780 (Ct.App. 1986). [1] In Unigard, the Court of Appeals held that the award of attorney fees to an insured under I.C. § 41-1839 was appropriate in declaratory relief actions brought by the insurer against the insured. | 3 | 1997–1998 |
Arreguin v. Farmers Ins. Co. of Idaho
green
2 sentences2019Arreguin , 145 Idaho at 464 , 180 P.3d at 503 . 2019Arreguin , 145 Idaho at 464 , 180 P.3d at 503 . | 2 | 2019–2019 |
Emery v. United Pacific Insurance
green
2 sentences1998In Emery v. United Pacific Insurance Co., 120 Idaho 244 , 815 P.2d 442 (1991), the Court affirmed the trial court’s award of attorney fees pursuant to I.C. § 41-1839, although the amount of damages was determined in an arbitration proceeding. 1998In Emery v. United Pacific Insurance Co., 120 Idaho 244 , 815 P.2d 442 (1991), the Court affirmed the trial court’s award of attorney fees pursuant to I.C. § 41-1839, although the amount of damages was determined in an arbitration proceeding. | 2 | 1996–1998 |
Martin v. Argonaut Insurance Company
green
2 sentences1997Martin v. Argonaut Insurance, 91 Idaho 885 [ 434 P.2d 103 ] (1967); Bonner County v. Panhandle Rodeo Association, 101 Idaho 772 [ 620 P.2d 1102 ] (1980); Unigard Insurance Company v. U.S.F. & G., 111 Idaho 891 [ 728 P.2d 780 ] (Ct.App.l9[8]6).... *235 Union Warehouse & Supply v. Illinois R.B. 1997Martin v. Argonaut Insurance, 91 Idaho 885 [ 434 P.2d 103 ] (1967); Bonner County v. Panhandle Rodeo Association, 101 Idaho 772 [ 620 P.2d 1102 ] (1980); Unigard Insurance Company v. U.S.F. & G., 111 Idaho 891 [ 728 P.2d 780 ] (Ct.App.l9[8]6).... *235 Union Warehouse & Supply v. Illinois R.B. | 2 | 1980–1997 |
Linscott v. Rainier National Life Insurance
green
2 sentences1985Co., 100 Idaho 854 , 606 P.2d 958 (1980), where one of Idaho’s outstanding trial judges, in an action brought against an insurance company, while declining to recognize a claim for inflicted emotional distress and anguish, held guilty of totally unjustified bad faith refusal of medical insurance claims and awarded $20,000 in punitive damages in addition to I.C. § 41-1839 statutory attorney’s fees of $1,800. 1985Co., 100 Idaho 854 , 606 P.2d 958 (1980), where one of Idaho’s outstanding trial judges, in an action brought against an insurance company, while declining to recognize a claim for inflicted emotional distress and anguish, held guilty of totally unjustified bad faith refusal of medical insurance claims and awarded $20,000 in punitive damages in addition to I.C. § 41-1839 statutory attorney’s fees of $1,800. | 2 | 1980–1985 |
Union Warehouse & Supply Co. v. Illinois R.B. Jones, Inc.
green
2 sentences2005Jones, Inc., 128 Idaho 660 , 917 P.2d 1300 (1996), the Court denied an award of attorney fees under I.C. § 41-1839 in favor of the insured where the insured brought a declaratory relief action against its insurer seeking coverage, though no claim had yet been filed against the insurer. 2005Jones, Inc., 128 Idaho 660 , 917 P.2d 1300 (1996), the Court denied an award of attorney fees under I.C. § 41-1839 in favor of the insured where the insured brought a declaratory relief action against its insurer seeking coverage, though no claim had yet been filed against the insurer. | 1 | 2005–2005 |
Brinkman v. Aid Insurance Co.
green
2 sentences2002Co., 115 Idaho 346 , 766 P.2d 1227 (1988), the plaintiff sued his automobile insurer under the uninsured motorist provisions of his policy and sought recovery of attorney fees pursuant to I.C. § 41-1839. 2002Co., 115 Idaho 346 , 766 P.2d 1227 (1988), the plaintiff sued his automobile insurer under the uninsured motorist provisions of his policy and sought recovery of attorney fees pursuant to I.C. § 41-1839. | 1 | 2002–2002 |
Southern Idaho Production Credit Ass'n v. Gneiting
green
2 sentences1998This Court also uses the abuse of discretion standard to review issues of costs under I.R.C.P. 54(d)(1), Adams v. Krueger, 124 Idaho 74 , 856 P.2d 864 (1993), the award of attorney fees under I.C. § 41-1839, Young v. State Farm Mutual Automobile Insurance Co., 127 Idaho 122 , 898 P.2d 53 (1995), and the amendment of pleadings, Southern Idaho Production Credit Ass’n. v. Gneiting, 109 Idaho 493 , 708 P.2d 898 (1985). 1998This Court also uses the abuse of discretion standard to review issues of costs under I.R.C.P. 54(d)(1), Adams v. Krueger, 124 Idaho 74 , 856 P.2d 864 (1993), the award of attorney fees under I.C. § 41-1839, Young v. State Farm Mutual Automobile Insurance Co., 127 Idaho 122 , 898 P.2d 53 (1995), and the amendment of pleadings, Southern Idaho Production Credit Ass’n. v. Gneiting, 109 Idaho 493 , 708 P.2d 898 (1985). | 1 | 1998–1998 |
Young v. State Farm Mutual Automobile Insurance
green
2 sentences1998This Court also uses the abuse of discretion standard to review issues of costs under I.R.C.P. 54(d)(1), Adams v. Krueger, 124 Idaho 74 , 856 P.2d 864 (1993), the award of attorney fees under I.C. § 41-1839, Young v. State Farm Mutual Automobile Insurance Co., 127 Idaho 122 , 898 P.2d 53 (1995), and the amendment of pleadings, Southern Idaho Production Credit Ass’n. v. Gneiting, 109 Idaho 493 , 708 P.2d 898 (1985). 1998This Court also uses the abuse of discretion standard to review issues of costs under I.R.C.P. 54(d)(1), Adams v. Krueger, 124 Idaho 74 , 856 P.2d 864 (1993), the award of attorney fees under I.C. § 41-1839, Young v. State Farm Mutual Automobile Insurance Co., 127 Idaho 122 , 898 P.2d 53 (1995), and the amendment of pleadings, Southern Idaho Production Credit Ass’n. v. Gneiting, 109 Idaho 493 , 708 P.2d 898 (1985). | 1 | 1998–1998 |
Adams v. Krueger
green
2 sentences1998This Court also uses the abuse of discretion standard to review issues of costs under I.R.C.P. 54(d)(1), Adams v. Krueger, 124 Idaho 74 , 856 P.2d 864 (1993), the award of attorney fees under I.C. § 41-1839, Young v. State Farm Mutual Automobile Insurance Co., 127 Idaho 122 , 898 P.2d 53 (1995), and the amendment of pleadings, Southern Idaho Production Credit Ass’n. v. Gneiting, 109 Idaho 493 , 708 P.2d 898 (1985). 1998This Court also uses the abuse of discretion standard to review issues of costs under I.R.C.P. 54(d)(1), Adams v. Krueger, 124 Idaho 74 , 856 P.2d 864 (1993), the award of attorney fees under I.C. § 41-1839, Young v. State Farm Mutual Automobile Insurance Co., 127 Idaho 122 , 898 P.2d 53 (1995), and the amendment of pleadings, Southern Idaho Production Credit Ass’n. v. Gneiting, 109 Idaho 493 , 708 P.2d 898 (1985). | 1 | 1998–1998 |
Rungee v. Allied Van Lines, Inc.
green
2 sentences1997In Rungee v. Allied Van Lines, Inc., 92 Idaho 718, 449 P.2d 378 we determined that Idaho law applied to the issue of attorney fees pursuant to I.C. § 41-1839 to a contract negotiated in Florida. 1997In Rungee v. Allied Van Lines, Inc., 92 Idaho 718, 449 P.2d 378 we determined that Idaho law applied to the issue of attorney fees pursuant to I.C. § 41-1839 to a contract negotiated in Florida. | 1 | 1997–1997 |
Smith v. Great Basin Grain Co.
green
2 sentences1980See Linscott v. Rainier National Life Insurance Company, supra (parent beneficiaries entitled to fees under § 41-1839; fees actually awarded under punitive theory to avoid duplication); Smith v. Great Basin Grain Co., 98 Idaho 266 , 561 P.2d 1299 (1977) (bailors entitled to fees in suit against warehouse and its surety); see also Associates Discount Corporation of Idaho v. Yosemite Insurance Company, 96 Idaho 249 , 526 P.2d 854 (1974) (“under I.C. § 41-1839, any person who has a claim under a policy of insurance and who furnishes proof of loss as provided in the statute may recover attorney fe 1980See Linscott v. Rainier National Life Insurance Company, supra (parent beneficiaries entitled to fees under § 41-1839; fees actually awarded under punitive theory to avoid duplication); Smith v. Great Basin Grain Co., 98 Idaho 266 , 561 P.2d 1299 (1977) (bailors entitled to fees in suit against warehouse and its surety); see also Associates Discount Corporation of Idaho v. Yosemite Insurance Company, 96 Idaho 249 , 526 P.2d 854 (1974) (“under I.C. § 41-1839, any person who has a claim under a policy of insurance and who furnishes proof of loss as provided in the statute may recover attorney fe | 1 | 1980–1980 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.