Idaho Code
Idaho Code

Idaho Code § 6-909 (2026)

Time for allowance or denial of claims — Effect of failure to act. 

✓ current as of May 2026
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Time for allowance or denial of claims — Effect of failure to act. 

Within ninety (90) days after the filing of the claim against the governmental entity or its employee, the governmental entity shall act thereon and notify the claimant in writing of its approval or denial. A claim shall be deemed to have been denied if at the end of the ninety (90) day period the governmental entity has failed to approve or deny the claim.

Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1981–2026 · leading case: Walker v. Shoshone Cnty., 739 P.2d 290 (Idaho 1987).
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Walker v. Shoshone Cnty., 739 P.2d 290 (Idaho 1987). · cites it 8× “The county failed to act, and therefore, in effect, denied the claim pursuant to I.C. § 6-909. [2] This wrongful death action was commenced in district court on January 8, 1985, nearly eighteen months after the claim had been effectively denied by the county.”
Magnuson Props. P'ship v. City of Coeur D'Alene, 59 P.3d 971 (Idaho 2002). · cites it 4× “Under I.C. § 6-909, the City had ninety days to notify the claimant in writing of its approval or denial of the claim.”
Farber v. State, 630 P.2d 685 (Idaho 1981). · cites it 4× “I.C. § 6-909. No action is allowed on the claim unless it has first been properly presented and filed and denied by the governmental entity involved.”
Madsen v. Idaho Dep't of Health & Welfare, 779 P.2d 433 (Idaho Ct. App. 1989). · cites it 4× “Idaho Code § 6-909 permits the governmental entity a period of ninety days after the filing of the claim, to act on the claim and notify the claimant in writing of its approval or denial; if the entity fails to approve or deny the claim within the ninety-day period, the claim…”
Wadsworth v. Dep't of Transp., 915 P.2d 1 (Idaho 1996). · cites it 2× “Both claims were denied by the State’s failure to act on them within 90 days as provided in section 6-909 of the Idaho Code. Wadsworth did not file suit until 1990.”
Farnworth v. Femling, 869 P.2d 1378 (Idaho 1994). · cites it 2× “I.C. § 6-909. On May 21, 1990, Farnworth amended his complaint to include a claim under ITCA.”
Brown v. City of Caldwell, 769 F. Supp. 2d 1256 (D. Idaho 2011). · cites it 2× “I.C. § 6-909. If this 90 day period expires without notification of approval or denial from the government, the claim is assumed denied.”
Curtis v. City of Ketchum, 720 P.2d 210 (Idaho 1986). · cites it 4× “208, 252, 276 and 316 were constitutionally infirm or otherwise invalid; (3) Curtis was barred from seeking relief under the Idaho Tort Claims Act because he failed to await the statutory 90-day time period before filing his suit as required by I.C. § 6-909 and 6-910; [1] (4)…”
Bray v. ID Dept of Juv. Corr. (Idaho 2025). · cites it 4× “I.C. § 6-909. “If the claim is denied, a claimant may institute an action in the district court against the governmental entity or its employee in those circumstances where an action is permitted by this act.”
Denning v. Lincoln Cnty. Idaho (D. Idaho 2020). · cites it 2× “See Idaho Code § 6-909 . Then, just 93 days after filing that notice, plaintiff filed his motion to amend.”
Keane (D. Idaho 2026). · cites it 2× “Idaho Code § 6-909 . If the city takes no action within that time, the claim is deemed denied.”
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