McMinn v. Peterson

WALTERS, Chief Judge.

This is an automobile liability insurance case. It is before us on certification for appeal (I.R.C.P. 54(b)) from an interlocutory order entered by the trial court dismissing a third-party complaint against the insurer, State Farm. The dispute presents two principal issues: first, whether the first-party coverage exception to an automobile owner’s liability policy relieved the insurer of its duty to provide coverage to the insured; and second, whether the insurer was required to defend the insured under the policy. We hold that the first-party coverage exclusion is…