Jeffrey A. Thomson

Of Counsel | E: jat@elamburke.com | P: 208-343-5454 |

Attorney Jeff Thomson focuses on insurance first-party bad faith defense, first-party insurance claims, and has a deep understanding of Idaho’s legal landscape with his nuanced understanding of the appellate process.

He has served as the cornerstone of Elam & Burke since 1987, where he heads the firm’s Appellate Section. His passion for appellate work has led him to appear before the Idaho appellate courts over 35 times, navigating complex cases dealing with first-party bad faith and insurance coverage. Whether guiding clients through complex legal processes or mentoring fellow attorneys at E&B, Jeff’s work is marked by a comforting presence and a keen understanding of individual needs and perspectives.

Born on an Air Force base in Japan, Jeff’s early life was one of resilience and adaptability. Later moving to North Idaho, he continued his education at the University of Idaho for his undergraduate degree. A year off to gain perspective and an earlier fateful meeting with a law school dean cemented his ambition to pursue law. He graduated from law school in 1985 and then completed a two-year clerkship serving under the Honorable J. Blaine Anderson, Circuit Judge, United States Court of Appeals for the Ninth Circuit.

Jeff’s legal prowess extends beyond his rich educational and professional background. His dedication to his clients is manifested in his comprehensive approach to legal matters. From initial claim to final appeal, Jeff provides a one-stop solution for first-party insurance work, expertly assisting in both litigation and claim management. His formidable track record in converting anti-insurance perspectives, alongside his aim to ensure district court victories on appeal, makes him a trusted advocate for his clients.

Jeff’s life, however, is not confined within the bounds of his legal career. He has a vibrant passion for theatre, immersing himself in various productions as an actor and director. Notably, he played a significant role in the revival of the Stage Coach Theatre. Jeff also thrives in the great outdoors, an interest reflected in his many mountain climbing feats, including reaching the peaks of all 12,000 footers in Idaho, Mount Hood, Mount Rainier, and 21,000 feet on Aconcagua.

Married to a retired banker turned attorney, and father to a daughter in Sioux Falls, South Dakota, Jeff balances his professional life with a rich personal one.

Practice Areas

Representative Matters

State Farm Insurance Companies
Farmers Insurance Company of Idaho
Philadelphia Insurance Companies
Travelers Insurance Company
United Heritage Property & Casualty Company
Knights of Columbus
American Reliable Insurance Company
Attorneys’ Liability Assurance Society
Global Indemnity Group, Inc.
GuideOne Insurance

Wood v. Farmers Ins. of Idaho, 166 Idaho 43, 454 P.3d 1126 (2019) – Appellate Counsel – Insurance Coverage – UIM Offset Provision
Scout, LLC v. Truck Ins. Exchange, 164 Idaho 593, 434 P.3d 197 (2019) – Appellate Counsel – Insurance Coverage – Prior Publication Exclusion
Taylor v. Riley, 162 Idaho 692, 403 P.3d 636 (2017) – Appellate Counsel – Legal Malpractice
Taylor v. Riley, 157 Idaho 323, 336 P.3d 256 (2014) – Appellate Counsel – Res Judicata
Keane v. Bald, Fat & Ugly, 154 Idaho 807, 303 P.3d 166 (2013) – Appellate Counsel – Civil Contempt Order
Rizzo v. State Farm Fire & Casualty Co., 155 Idaho 75, 305 P.3d 519 (2013) – Appellate Counsel – Insurance Coverage/Bad Faith
Linford v. State Farm Fire & Casualty, 153 Idaho 744, 291 P.3d 427 (2012) – Appellate Counsel – Bad Faith/Attorney Fees
Dorian v. Keane, 153 Idaho 371, 283 P.2d 118 (Ct. App. 2012) – Appellate Counsel – Set Aside of Default Judgment
Harrison v. Lloyds, 149 Id. 201, 233 P.3d 132 (2010) – Defense Counsel/Appellate Counsel – Medical Malpractice/Insurance Coverage/Bad Faith/Arbitration
Taylor v. Hawley Troxell Ennis & Hawley, 149 Id. 826, 243 P.3d 642 (2010): Appellate Counsel – Attorney Malpractice
City of McCall v. McCurdy, 146 Id. 656, 201 P.3d 629 (2009): Co-Defense Counsel/Appellate Counsel – Attorney Malpractice
Whittier v. Houston, 147 Id. 900, 216 P.3d 1272 (2009): Defense Counsel/Appellate Counsel – Securities Fraud
Arreguin v. Farmers Insurance Company of Idaho, 145 Id. 459, 180 P.3d 498 (2008): Defense Counsel/Appellate Counsel – Insurance Coverage/Bad Faith
DeLuna v. State Farm Fire & Casualty Co., 149 Id. 81, 233 P.3d 12 (2008): Appellate Counsel – Insurance Coverage/Breach of Contract
Melichar v. State Farm Fire & Casualty Co., 143 Id. 716, 152 P.3d 587 (2007): Appellate Counsel – Insurance Coverage/Directed Verdict
Davis v. State Farm Fire & Casualty, Ninth Circuit Court of Appeals (2007): Appellate Counsel
Withers v. Bogus Basin, 144 Id. 78, 156 P.3d 579 (2007): Appellate Counsel – Ski Area Liability
Vanderford v. Greif, 144 Id. 547, 165 P.3d 261 (2007): Appellate Counsel – Attorney Fees
Mason v. State Farm Mutual Automobile Insurance Co., 145 Id. 197, 177 P.3d 944 (2007): Appellate Counsel – Arbitration
Hartman v. United Heritage Property & Casualty Co., 141 Id. 193, 108 P.3d 340 (2005): Defense Counsel/Appellate Counsel – Insurance Coverage
Schaeffer v. Curtis-Perrin, 141 Id. 356, 109 P.3d 1098 (2005): Appellate Counsel – Damage Offset
Posey v. Ford Motor Credit Co., 141 Id. 477, 111 P.3d 162 (Ct. App. 2005): Defense Counsel/Appellate Counsel – Breach of Contract/Idaho Consumer Protection Act
Treasure Valley Transit v. Philadelphia Indemnity Insurance Co., 139 Id. 925, 88 P.3d 744 (2004): Appellate Counsel – Insurance Coverage
Boll v. State Farm Mutual Automobile Insurance Co., 140 Id. 334, 92 P.3d 1081 (2004): Co-Defense Counsel/Appellate Counsel – Common Fund Doctrine
Graham v. State Farm Mutual Automobile Insurance Co., 138 Id. 611, 67 P.3d 90 (2003): Co-Defense Counsel/Appellate Counsel – Bad Faith
State Insurance Fund v. Jarolimek, 139 Id. 137, 75 P.3d 191 (2003): Appellate Counsel – Discovery Sanctions
Murphy v. Midwest National Insurance Co., 139 Id. 330, 78 P.3d 766 (2003): Defense Counsel/Appellate Counsel – Arbitration Clauses
Warren v. Sharp, 139 Id. 599, 83 P.2d 773 (2003): Appellate Counsel – Expert Witnesses
Jenicek v. State Farm Fire & Casualty Co., 142 Id. 95, 123 P.3d 728 (Table) (Ct. App. 2003) (Not Reported): Co-defense Counsel/Appellate Counsel – Bad Faith
Robinson v. State Farm Mutual Automobile Insurance Co., 137 Id. 173, 45 P.3d 829 (2002): Co-Defense Counsel – Bad Faith/Punitive Damages
Bell v. Cenarussa, 137 Id. 798, 53 P.3d 1217 (2002): (Intervenor) Appellate Counsel – Indian Gaming Initiative
McGilvray v. Farmers New World Life Insurance Co., 136 Id. 39, 28 P.3d 380 (2001): Co-Defense Counsel/Appellate Counsel – Bad Faith/Punitive Damages
Jacobson v. State Farm Mutual Automobile Insurance Co., 136 Id. 171, 30 P.3d 949 (2001): Co-Defense Counsel – Breach of Contract
Roper v. State Farm Mutual Automobile Insurance Co., 131 Id. 459, 958 P.2d 1145 (1998): Co-Defense Counsel – Bad Faith
Lucas v. State Farm Fire & Casualty Co., 131 Id. 674, 963 P.2d 357 (1998): Co-Defense Counsel – Bad Faith

About

Education

University of Idaho, J.D. 1985

Bar Admissions

Idaho State and Federal Courts
Ninth Circuit Court of Appeals

Affiliations

Past President of the Idaho Association of Defense Counsel
Past President of Boise Sunrise Rotary Club
Past President and Chairman of the Board, Stage Coach Theatre

Articles and Presentations

Books

Superseding and Staying Judgments: A National Compendium, Idaho Chapter, American Bar Association.

Articles

“Comment – Racial and Religious Harassment: Idaho’s Response to a Growing Problem,” Idaho Law Review, Co-Author
“Lender Liability: How to Avoid It,” Elam, Burke & Boyd Newsletter
“Lender Liability Revisited: Has the Death Knell Sounded for Punitive Damages in Lender Liability Suits,” Elam, Burke & Boyd Newsletter
“Representing Investors in Securities Arbitration,” Idaho Corporate and Securities Law Report
“Suing Your Stockbroker: Setting the Stage for Securities Arbitration or Litigation,” Elam, Burke & Boyd Newsletter
“Notice of Appearance: A Trap for the Unwary,” Advocate
“Is the Debate Over Final Judgments Final or Are Final Judgments Still Debatable?” Idaho Association of Defense Counsel Newsletter
“The Idaho Supreme Court Slips Away from Awards of Attorney Fees in Arbitration in The Grease Spot,” Idaho Association of Defense Counsel Newsletter

Author/Speaker

“Insurance Law – Automobile Insurance Medical Payments Coverage: Are There Legitimate Limitations to What is Paid,” Lorman Education Services
“Significant Idaho Decisions Review,” Idaho Association of Defense Counsel Conference
“The Developing Law of Insurance Bad Faith in Idaho: Proving Insurance Bad Faith,” Idaho Law Foundation
“Insurance Bad Faith in Idaho,” Lorman Education Services
“Building a Case from Discovery to Trial and Beyond: Appeal Tips,” Young Lawyers Section, Idaho State Bar
“Insurance Bad Faith Claims,” Lorman Education Services
“Insurance Coverage Law: How Ethics Applies to Insurance Law,” National Business Institute
“Joint Idaho/Washington Trial Practice – Case Law and Legislative Update for Idaho,” Washington Defense Trial Lawyers/Idaho Association of Defense Counsel
“Appellate Tips,” Young Lawyers Section, Idaho State Bar
“Appellate Tips,” Idaho Association of Legal Secretaries
“Impacts of the Health Care Reform Act,” Small Business Association

Awards

Martindale Hubbell Rating: AV® Preeminent
Idaho Leaders in the Law
Idaho Association of Defense Counsel – Carl Burke Award of Excellence in Legal Defense