Wilkins v. Fireman's Fund American Life Insurance

DONALDSON, Chief Justice.

On January 23,1978, Norman G. Mitchell was strangled to death. His wife, Betty Jane Mitchell, was subsequently convicted of first degree murder. Her conviction was upheld in State v. Mitchell, 104 Idaho 493, 660 P.2d 1336 (1983), cert. denied, 461 U.S. 934, 103 S.Ct. 2101, 77 L.Ed.2d 308 (1983).

At the time of his death, Mr. Mitchell had an account at Idaho Bank & Trust. Through the bank, Mr. Mitchell had a membership in an organization known as Ban-club. Banclub is part of a marketing program utilized by banks to obtain customers. Bank services are provided at free or…