The Estate of Benjamin Holland v. Metropolitan Property and Casualty Insurance

EISMANN, Justice.

This is an appeal from the denial of attorney fees under Idaho Code section 41-1839 on the ground that the insured’s proof of loss was insufficient under the statute because it did not provide the insurer with the legal theory upon which coverage was later determined to exist. We vacate the judgment because a proof of loss need not include an analysis of the proper theory of coverage under the insurance policy.

I

Factual Background.

On October 25, 2009, Benjamin Holland was killed in a single vehicle accident caused by the negligence of the driver of the car in which Mr. Holland…