Cranney v. Mutual of Enumclaw Insurance Co., 145 Idaho 6

Summary

The Idaho Supreme Court affirmed the district court’s refusal to modify an arbitration award that included prejudgment interest in an underinsured motorist insurance dispute. The court held that Idaho Code § 7-913(a)(1) permits modification for a mathematical error, but not for a nonmathematical legal error concerning prejudgment interest. The court overruled the relevant portion of Schilling v. Allstate Insurance Co. and awarded the respondents attorney fees and costs on appeal.

Holdings

1. Idaho Code § 7-913(a)(1) does not authorize a court to modify an arbitration award for a legal or nonmathematical error concerning prejudgment interest. An 'evident miscalculation of figures' must be a mathematical error in calculating the amount of the award, not an error concerning the legal elements or measure of damages.
2. Because the Cranneys prevailed on appeal and Mutual of Enumclaw had not paid the full arbitration award, the Cranneys were entitled to attorney fees on appeal under Idaho Code § 41-1839.

Questions Presented

1. Whether the district court erred by refusing to modify the arbitration award to remove or recalculate prejudgment interest under Idaho Code § 7-913(a)(1).
2. Whether the Cranneys were entitled to attorney fees on appeal under Idaho Code § 41-1839.

Disposition

affirmed