Martin v. State Farm Mutual Automobile Insurance

WALTERS, Justice.

Idaho Code section 41-1839 provides that an insured can recover, a reasonable amount as attorney fees in an action brought by the insured against an insurer for recovery under the terms of the insurance policy when the insurer fails for a period of thirty days after proof of loss has been furnished pursuant to the policy to pay to the person entitled thereto the amount justly due under the policy. In the instant case, the district court denied the claim by the insured, Gerald Martin, against the insurer, State Farm Mutual Automobile Insurance Co., for an award of attorney…