J.R. Simplot Co. v. Western Heritage Insurance

TROUT, Chief Justice.

This appeal presents an issue about attorney fees; specifically, whether the trial court properly awarded Western Heritage (Western) attorney fees under I.C. § 12-120(3). Section 12-120(3) requires a court to award reasonable attorney fees to the prevailing party in any “civil action to recover in ... any commercial transaction.” Additionally, this Court must determine whether I.C. § 41-1839(4) bars the application of § 12-120 in this case.

I

FACTUAL AND PROCEDURAL HISTORY

J.R. Simplot Co. (Simplot) hired Don Green (Green) to apply fertilizer to fields owned by Tuk and Ty…