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Farm Bureau Insurance Company of Idaho v. Kinsey

July 7, 2010

FARM BUREAU INSURANCE COMPANY OF IDAHO, PLAINTIFF-RESPONDENT,
v.
JAMEY KINSEY AND M. WILMOTH KINSEY, D/B/A/ KINSEY FAMILY LIMITED PARTNERSHIP, DEFENDANTS, AND MICHAEL BROOKBANK, INTERVENOR-APPELLANT.



Appeal from the District Court of the Fifth Judicial District of the State of Idaho, Twin Falls County. Honorable Randy J. Stoker, District Judge.

The opinion of the court was delivered by: J. Jones, Justice.

2010 Opinion No. 80

The judgment of the district court is affirmed.

Michael Brookbank appeals the district court's grant of summary judgment in favor of Farm Bureau Mutual Insurance Company, finding that Jamey Kinsey was not covered under M. Wilmoth Kinsey's homeowner's insurance policy. We affirm.

I. Factual and Procedural History

Brookbank was injured on August 18, 2007, when he collided with Jamey's dog while riding his motorcycle. The incident occurred in front of Wilmoth's residence at 3497 East, 300 North, Kimberly, Idaho. Wilmoth is Jamey's grandmother, and he was allegedly at her residence to pick up a pair of work boots at the time of the incident. While at Wilmoth's residence, Jamey's dog jumped out of the back of his truck and ran across the road, colliding with Brookbank's motorcycle. Brookbank was seriously injured as a result. Brookbank subsequently filed suit against Jamey to recover damages arising from the incident.

Wilmoth's property is covered by a Farm and Ranch Squire Policy issued by Farm Bureau to her and the Kinsey Family Limited Partnership. Jamey is not a member of the partnership. Bodily injury and property damage claims are covered under the policy as follows:

If a claim is made or a suit brought against any insured for damages of bodily injury or property damage caused by an occurrence to which this coverage applies, we will:

1. Pay up to our limit of liability for the damages for which the insured is legally liable;

2. Provide a defense at our expense by counsel of our choice.

The policy defines ―insured‖ as:

Insured means you or the entity named in the Declarations.

1. If you are an individual, insured also means, if residents of your household, your spouse, your relatives . . . .

2. If you are a partnership . . . insured also means your members and your partners, but only with respect to your ...


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