Liberty Bankers Life Insurance v. Witherspoon, Kelley, Davenport & Toole, P.S.

W. JONES, Justice.

I. Nature of the Case

This appeal involves the competing security interests of Liberty Bankers Life Insurance Company (“Liberty” or “Appellant”) and Witherspoon, Kelley, Davenport, & Toole, P.S. (“Witherspoon” or “Respondent”) in certain real and personal property located in Post Falls, Idaho (“Post Falls Landing” and the “Marina” respectively), which were formerly owned by the Point at Post Falls, LLC and Post Falls Landing Marina, LLC (collectively, “The Point”).

II. Factual and Procedural Background

In September of 2001, The Point, a business entity associated with Harry A.…