Martin v. Argonaut Ins. Co., 9502
| Decision Date | 09 December 1965 |
| Docket Number | No. 9502,9502 |
| Citation | 90 Idaho 107,408 P.2d 475 |
| Parties | Richard MARTIN, R. W. Woods, Individually and dba Woods Lumber Company, Plaintiffs-Appellants, v. ARGONAUT INSURANCE COMPANY, Wilma McArthur, Individually, and dba Harrell Agency, Wilma McArthur, as Executrix of the estate of LeRoy McArthur, deceased, and St. Paul Fire and Marine Insurance Co., a foreign corporation, Defendants-Respondents. |
| Court | Idaho Supreme Court |
Stephen Bistline, Sandpoint, for appellant Richard Martin, Bandelin & Cogswell, Sandpoint, for appellant R. W. Woods. Moffatt, Thomas, Barrett & Blanton, Boise, for respondent Argonaut Ins. Co.
This is a companion case to Martin v. Woods and Argonaut Insurance Co., 90 Idaho 107, 408 P.2d 475 (1965), wherein a full statement of the facts is set out.
Richard Martin filed a claim for workmen's compensation with the Industrial Accident Board in May 1962. At an investigational hearing held by the Board, Woods, Martin's employer, alleged that Argonaut was his surety and liable for any award granted to Martin. Argonaut denied liability, claiming that the insurance policy had expired before Martin's accident occurred. Woods' claim was based on the allegation that he was assured by Argonaut's agent that the policy would be renewed automatically as it had been once before and that Argonaut was estopped from denying liability because it had failed to notify Woods that the policy would not be renewed and that the authority of the local agent had been terminated.
The Industrial Accident Board refused to decide the issue and held that it had 'no jurisdiction over the negotiations and contractual relations between employers and their insurance carriers, or of disputes between them.' Argonaut was dismissed as a party defendant and Woods was held liable, as an uninsured employer, to Martin. On appeal, this court affirmed the decision of the Board.
Prior to the Board's decision, which was filed on September 17, 1962, Martin and Woods instituted this declaratory judgment action in the district court against Argonaut to determine Woods' rights on the insurance contract as against Argonaut. The trial was held on January 2, 1964, and both sides presented their evidence. On March 16, 1964, at which time an appeal from the Board's decision was pending before this court, the trial judge ordered the action dismissed. The decree stated in part:
'* * * now, it appearing to the...
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Martin v. Argonaut Ins. Co.
...W. Woods Lumber Co., 90 Idaho 105, 408 P.2d 474 (1965). This action was also previously before this court. In Martin v. Argonaut Insurance Co., 90 Idaho 107, 408 P.2d 475 (1965), the judgment of the trial court that it did not have jurisdiction because of the then pending proceedings before......
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...at the time of the accident. See Martin v. Robert W. Woods Lumber Co., 90 Idaho 105, 408 P.2d 474 (1965); and Martin v. Argonaut Ins. Co., 90 Idaho 107, 408 P.2d 475 (1965). Following trial on the merits, after remittitur, the district court held that Argonaut was the surety for Woods and w......
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