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CRNKOVICH v. COLUMBUS LIFE INS. CO.

No. 25938.

118 P.3d 153 (2001)

Lawrence P. CRNKOVICH and Naola Crnkovich, Plaintiffs-Appellants, v. COLUMBUS LIFE INSURANCE COMPANY, a foreign corporation, and Does 1 to 10, inclusive; Vance Schwab, individually; David Horsley, individually; and Daniel Schwab, dba The Daniel Schwab Insurance Agency, a sole proprietorship, Defendants-Respondents.

Court of Appeals of Idaho.

Review Denied September 25, 2001.

Attorney(s) appearing for the Case

McGrath, Smith & Associates, Idaho Falls, for appellants. Bryan D. Smith argued.

Merrill & Merrill, Pocatello, for respondents. Stephen S. Dunn argued.

LANSING, Judge

Crnkovich sued Columbus Life Insurance Company, Inc. (Columbus) in an effort to rescind a $100,000 universal life insurance policy, for which the premium was fully paid, on the ground that Columbus did not possess a certificate of authority to transact insurance in Idaho when it issued the policy to Crnkovich.1 The district court granted summary judgment dismissing the action, and Crnkovich appeals. We reverse and remand...

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