Woodworth

dissenting.

I respectfully dissent. Because Mrs. Woodworth has presented a reasonable interpretation of the exclusion, and because Idaho law requires a court to construe ambiguous exclusions in an insurance contract strictly against the insurer, the district court erred grievously in granting summary judgment to Stonebridge.

Under Idaho law, the first step in interpreting an insurance contract is to determine whether the language of the insurance policy is plain, clear, and unambiguous. Clark v. Prudential Property and Cas. Ins. Co., 138 Idaho 538 , 66 P.3d 242, 244-45 (2003) (citing Martinez v. Idaho Counties Reciprocal Management Program, 134 Idaho 247 , 999 P.2d 902, 905 (2000)). “Determining whether a contract is ambiguous is a question of law upon which [the court] exercises free review.” Id. (citing Martinez, 999 P.2d at 905 ). “Where the policy language is clear and unambiguous, coverage must be determined, as a matter of law, according to the plain meaning of the words used.” Id. (citing Mutual of Enumclaw Ins. Co. v. Roberts, 128 Idaho 232 , 912 P.2d 119, 122 (1996)). ‘Where the policy is reasonably subject to differing interpretations,” however, “the language is…

MEMORANDUM *

Linda Woodworth appeals the district court’s grant of summary judgment to Defendant-Appellee Stonebridge Life Insurance Co. in her breach of contract claim. Because the parties are familiar with the facts and procedural history, we will not recount it here. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

I

This insurance dispute arises out of a tragic airplane accident in which flight instructor Roger Woodworth lost his life. Idaho law governs the interpretation of the contract in this case. Under Idaho law, the insurer has the burden of proving that an asserted exclusion applies. See Perry v. Farm Bureau Mut. Ins. Co. of Idaho, 130 Idaho 100 , 936 P.2d 1342, 1345 (1997). In construing an insurance policy, we must “look to the plain meaning of the words to determine if there are any ambiguities.” Cascade Auto Glass, Inc. v. Idaho Farm Bureau Ins. Co., 141 Idaho 660 , 115 P.3d 751, 754 (2005). “An insurance policy provision is ambiguous if it is reasonably subject to conflicting interpretations.” Id. (internal quotation marks omitted). If we find any ambiguities in the insurance policy, they must be construed against the insurer. Id. (citations omitted).…