Dullenty v. Rocky Mountain Fire & Casualty Co.

Our task in this case was not, as the majority suggests, simply to determine whether “the specific exclusion relied upon by Rocky Mountain which denies coverage in these circumstances, is void as against public policy,” but to determine whether it was void as against the legislature’s policy as stated in Idaho’s Uninsured Motorist Coverage Statute, I.C. § 41-2502. In pursuit of a supposed requirement of a judicial policy to protect insurance companies from having to make good on their statutory and contractual obligations, the majority of a necessity ignores both the dictates of I.C. §…