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DRAPER v. DRAPER

No. 17199.

772 P.2d 180 (1989)

115 Idaho 973

Barbara DRAPER, Plaintiff-Respondent, v. Van DRAPER, Defendant-Respondent, and State Farm Mutual Automobile Insurance Company, Defendant-Appellant. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Counterclaimant-Appellant, v. Barbara DRAPER, Counterdefendant Respondent. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Cross-Claimant Appellant, v. Van DRAPER, Cross-Defendant Respondent.

Supreme Court of Idaho.

March 24, 1989.

Attorney(s) appearing for the Case

Elam, Burke & Boyd, of Boise, for defendant-appellant, State Farm Mut. Auto. Ins. Co. Robert M. Tyler, Jr., argued.

Brauner, Meredith & Coffel, of Caldwell, Idaho, for plaintiff-respondent, Barbara Draper. Byron Meredith, argued.

Defendant-respondent, Van Draper did not file a brief and did not argue.

JOHNSON, Justice.

This is an automobile liability insurance case. The primary issue presented is whether the household exclusion clause contained in the insurance policy was void, allowing a wife (Barbara) to maintain an action against her husband (Van) up to the limits of the policy. The trial court granted summary judgment to Barbara and denied the motions of the insurance company (State Farm) to dismiss, for summary judgment, or for judgment on the pleadings. We...

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