Boll v. State Farm Mutual Automobile Insurance

KIDWELL, Justice.

This case is an appeal from a jury verdict, finding no breach of contract by an insurance company and a district court’s subsequent application of the “common fund” doctrine to award the Appellants attorney fees for collection expenses in securing repayment of an insurance company’s subrogation interest. The judgment of the district court is affirmed.

I

FACTUAL AND PROCEDURAL BACKGROUND

On April 12, 1996, the Appellants, Hans and Peggy Boll (the Bolls) were involved in an automobile accident in Idaho Falls, Idaho. The Bolls were insured by the Respondent, State Farm Mutual…