ELR Citation: ELR 20960
No(s). 83-3161 (D. Idaho Jan 30, 1987)

The court rules on an insurer's motions for summary judgment in litigation involving the Bunker Hill hazardous waste site in Idaho. The court first holds that the issue of whether a hazardous waste site operator complied with an insurance policy's coverage requirement of written notice of a pending lawsuit depends on factual issues and is not appropriate for summary judgment. The court reopens its earlier decision at 17 ELR 20479, finding that Idaho does not recognize a tort of bad faith in these circumstances, in light of a subsequent decision on point by the Idaho Supreme Court. In light of the Idaho Supreme Court's opinion, the court reaffirms its earlier decision finding that there is no private cause of action under Idaho Code §41-1329, dealing with unfair trade practices. The court denies as premature motions for summary judgment regarding punitive damages and award of attorney fees.

[This opinion reconsiders issues initially decided at 17 ELR 20479. Other related opinions appear at 16 ELR 20715 and 16 ELR 20879.]

Counsel for Plaintiff
P. Mark Thompson, Deputy Attorney General
Office of the Attorney General
Statehouse, Boise ID 83720
(208) 334-2400

Counsel for Defendant
James P. Keane
Evans, Keane, Koontz, Boyd & Ripley
1st Interstate Plaza, Suite 301, 505 Front Ave., Coeur d'Alene ID 83814
(208) 664-9287