Mutual of Enumclaw Insurance v. Roberts

TROUT, Justice.

This is an insurance coverage case in which the insurer sought a judicial declaration that, under a homeowner’s insurance policy, it was neither obligated to defend the insured nor to cover claims against him arising from injuries sustained by the insured’s son in a swimming pool accident.

I

BACKGROUND

Mutual of Enumclaw (Mutual) issued a homeowner’s insurance policy (Policy) on January 19, 1991, listing the “Named Insured” as “David M & Denise M Roberts” (David and Denise) and “The Premises Covered By This Policy” as “775 Owyhee, Ada County, Kuna, Idaho 83634.” On the date of the…