(DOWNLOAD) "Donald P. Christensen Dba Don Christensen" by Court of Appeals of Idaho No. 17187 ~ eBook PDF Kindle ePub Free
eBook details
- Title: Donald P. Christensen Dba Don Christensen
- Author : Court of Appeals of Idaho No. 17187
- Release Date : January 05, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
Roy and Jane Rice (Rice) appeal from a magistrate's judgment holding them liable for breach of a contract to purchase insurance
from Marsh & McLennan of Idaho, Inc. The respondent, Donald P. Christensen of Christensen & Associates (Christensen),
is assignee of that contract. On appeal, the district court affirmed the magistrate's judgment. Appealing further, Rice raises
three issues: (1) whether the trial court erred in deciding this case on a theory of "open account," after allowing Christensen
to present evidence supporting recovery under that theory, when the complaint alleged only a theory of "account stated;" (2)
whether Christensen's business records were inadmissible as evidence of an insurance contract between the parties; and (3)
whether the trial Judge erroneously disregarded Rice's testimony at trial. We hold that Christensen's complaint was sufficient
to apprise Rice of the nature of the claims against him and to permit recovery on more than one theory, that Christensen's
business records were properly admitted as exceptions to the hearsay rule, and that the trial court acted within its authority
in assessing the credibility of Rice's testimony at trial. We affirm. In 1984, Roy Rice operated three businesses -- Vista Pawn Shop, Rice's Small Engine Repair, and Mercury Publications -- all
from the same location in Boise. As a result of increases in his insurance premiums, Rice contacted Marsh and McLennan of
Idaho, Inc. (M & M) requesting quotes for fire and casualty insurance on the pawn shop business. Rice spoke with Margaret
West, a service representative for M & M, regarding rates and coverage. Mrs. West referred Rice's inquiry to one of M
& M's insurance underwriters, the Industrial Indemnity Company (Industrial Indemnity). Industrial Indemnity inspected
Rice's pawn shop business, and subsequently sent him an insurance binder and copy of its policy. M & M, operating as
the underwriter's agent, handled all correspondence between Rice and Industrial Indemnity, including billings.