2005 Idaho Code - 68-1312 — LIABILITY TO THIRD PERSON

                                  TITLE  68
                            TRUSTS AND FIDUCIARIES
                                  CHAPTER 13
                      IDAHO UNIFORM CUSTODIAL TRUST ACT
    68-1312.  LIABILITY TO THIRD PERSON. (1) A claim based on a contract
entered into by a custodial trustee acting in a fiduciary capacity, an
obligation arising from the ownership or control of custodial trust property,
or a tort committed in the course of administering the custodial trust, may be
asserted by a third person against the custodial trust property by proceeding
against the custodial trustee in a fiduciary capacity, whether or not the
custodial trustee or the beneficiary is personally liable.
    (2)  A custodial trustee is not personally liable to a third person:
    (a)  On a contract properly entered into in a fiduciary capacity unless
    the custodial trustee fails to reveal that capacity or to identify the
    custodial trust in the contract; or
    (b)  For an obligation arising from control of custodial trust property or
    for a tort committed in the course of the administration of the custodial
    trust unless the custodial trustee is personally at fault.
    (3)  A beneficiary is not personally liable to a third person for an
obligation arising from beneficial ownership of custodial trust property or
for a tort committed in the course of administration of the custodial trust
unless the beneficiary is personally in possession of the custodial trust
property giving rise to the liability or is personally at fault.
    (4)  The provisions of subsections (2) and (3) of this section do not
preclude actions or proceedings to establish liability of the custodial
trustee or beneficiary to the extent the person sued is protected as the
insured by liability insurance.