Wefco, Inc. v. Monsanto Co.

WALTERS, Chief Judge.

Monsanto Company appeals from a judgment in favor of cross-claimant Wefco, Inc. Wefco, a seller of farm supplies, was awarded its costs and attorney fees in defending against a product liability suit filed by Paul and Katherine Borchard. The Borchards claimed damages from a defective product. Wefco filed the cross-claim because the product manufacturer, Monsanto, failed to accept Wefco’s tender of defense under the Idaho Product Liability Reform Act. In a case of first impression, Monsanto argues on appeal that the district court erred in awarding costs and attorney fees…