STATE LAW – IDAHO LIBRARY – GUIDE 10
Idaho Insurance Agents, Applications & Failure to Procure Coverage
When expected coverage is missing or materially different from what was requested, the application and procurement record may create issues separate from interpretation of the issued policy.
Idaho treats insurance agents as professionals performing personal services
McAlvain v. General Insurance Co. of America, 97 Idaho 777, 554 P.2d 955 (1976), recognizes that an insurance agent may be liable for negligent performance of the personal service of advising about and procuring insurance coverage.
Featherston applies the rule to requested UIM coverage
Featherston v. Allstate Insurance Co., 125 Idaho 840, 875 P.2d 937 (1994), addresses an agent’s alleged failure to procure requested underinsured-motorist coverage and reiterates the insured’s reasonable reliance on the agent’s expertise.
The producer relationship is distinct from the insurer relationship
Current Idaho Supreme Court authority continues to distinguish the special agent-client relationship recognized in McAlvain from duties owed merely because an insurance company issued the policy.
PUBLIC-INTEREST LEGAL EDUCATION
VictimsGuide does not provide legal services or create an attorney-client relationship. Insurance requirements, deadlines, remedies and controlling authority can change. Verify current primary authority, policy language and the law applicable to the particular event before legal reliance.
Official Sources
Verify current Idaho law at the source
The reviewed Idaho guide content above is preserved. Use current statutes, insurance regulation, controlling cases and the operative policy before legal reliance.
Citizen crossroads