Brooksby v. GEICOAnnotate this Case
Plaintiff Christina Brooksby demanded payment from Defendant GEICO General Insurance Company, her father's liability insurer, alleging that he negligently injured her by crashing the car in which she was riding. After GEICO refused Plaintiff's demand pursuant to an exclusion in its insurance policy with Father, she sued GEICO for a declaratory judgment establishing coverage. The district court dismissed Plaintiff's complaint for lack of standing, holding that Idaho has no common-law direct-action rule that would give an injured third party standing to sue her tortfeasor’s insurer absent some statutory or contractual authorization, and that Idaho's Uniform Declaratory Judgment Act does not confer standing where it does not otherwise exist. Plaintiff appealed. Upon review, the Supreme Court affirmed the district court’s grant of GEICO’s Motion to Dismiss pursuant to Idaho Rule of Civil Procedure 12(b)(6) because the Court concluded Plaintiff lacked standing to seek a declaratory judgment against GEICO.