I dissent.
Before an Idaho district court may enter a summary judgment, it must appear from
“the pleadings, depositions, and admissions on file, together with the affidavits, * * * that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Idaho R.Civ.P., 56(c).
See Christiansen v. Rumsey, June 23, 1967, 91 Idaho 684, 429 P.2d 416.
When ruling on a motion for summary judgment, the court acts strictly as an issue-finder, for it “is authorized to determine whether there is an issue to be tried, but not to try the issue”, Deshazer v. Tompkins, 89 Idaho 347, 353, 404 P.2d 604, 607 (1965); see Sutton v. Brown, 85 Idaho 104, 375 P.2d 990 (1962), and, of course, the court may not “resolve factual issues or weigh the evidence.” Steele v. Nagel, 89 Idaho 522, 527, 406 P.2d 805, 808 (1965). In determining whether the record presents an issue of material fact, “All doubts and all favorable inferences which may be reasonably drawn from the evidence will be resolved against the party moving for summary judgment”, Otts v. Brough, 90 Idaho 124, 131, 409 P.2d 95, 98 (1965), and so a “motion for summary judgment must be denied if the evidence is such that conflicting inferences can be drawn therefrom and if reasonable men might reach different conclusions.” Ibid. See Lundy v. Hazen, 90 Idaho 323, 411 P.2d 768 (1966); Deshazer v. Tompkins, supra.
In applying these rules, the trial court must accept as true fact allegations contained in an opposing party’s affidavit, Christiansen v. Rumsey, supra, and if “conflicts and inconsistencies” appear therein, the court “should consider only the portions most favorable to such [opposing] party.” Otts v. Brough, supra, 90 Idaho at 131, 409 P.2d at 98 (note, however, that the Otts opinion was specifically concerned with an opposing party’s depositions rather than his affidavits).
This Court is mindful that “summary judgment ‘should be invoked with caution to the end that litigants may be afforded a trial where there exists between them a bona fide dispute of material facts’ ”, Steele v. Nagel, supra, 89 Idaho at 528, 406 P.2d at 808, (quoting from Alaniz v. United States, 257 F.2d 108, 110, (10th Cir.1958), and “on appeal [from a motion granting summary judgment against him] this court views the evidence in that light most favorable to the appellant and resolves all doubts in his favor.” Metz v. Haskell, 91 Idaho 160, 417 P.2d 898, 899 (1966).
The record in the present action contains an affidavit by Howard H. Harper, an officer of appellant, opposing the motion for summary judgment. The allegations in this affidavit may be summarized as follows. Throughout the approximate fifteen-year period during which Ervin S. Hill, an agent of respondent Tandy & Wood, Inc., counseled and managed appellant’s insurance coverage, appellant “fully and completely relied upon Ervin S. Hill to provide the maximum coverage at all times, for all of the [appellant’s] equipment and items,” and “[i]t was the intent” of appellant and respondent Tandy & Wood, Inc., “that every item of insurable interest” *774belonging to appellant “be insured to avoid any loss.”
When appellant first purchased the provisional reporting form policy of present concern, “[i]t was [appellant’s] intent * * * to follow the advice of Ervin S. Hill to the letter as it [appellant] had in the past * * * and would continue” afterwards. Upon appellant’s purchase of this policy, Hill “advised” appellant “as to what [valuation] figures it [respondent Tandy & Wood, Inc.,] would require [to fill out the monthly report form on appellant’s behalf]. These figures were supplied as requested by Mr. Hill,” and neither Hill nor any other agent of respondent Tandy & Wood, Inc., “[ever], requested [or] required any additional information.” None of appellant’s officers “ever saw the official [provisional report] form -or had [it] * * * explained to them.” As noted in the majority opinion, from the beginning Hill filled out the report form, and appellant, which “placed all * * * [its] insurance in the hands of Ervin S. Hill,” “explicitly trusted Mr. Hill to make the correct entries and to secure the correct information for those entries.”
Near the end of its opinion, the majority notes Hill’s deposition, introduced in support of tthe motion for summary judgment, in which he stated that he advised Harper “to submit lump sum valuations of stock and equipment * * *, since detailed itemizations of inventory were unnecessary”. The majority then compares this allegation with an allegation contained in Howard H. Harper’s opposing affidavit, and decides that Harper’s allegation is “dubious rejoinder” and “failed to establish any genuine issue as to a material fact.” (Italics in original.) For purposes of its comparison, the majority has drawn Harper’s statement out of its context in such a way, I think, as to alter the full allegation’s meaning. Harper’s full paragraph follows:
“V.
“In the mid-1950’s, the Affiant is not definitely sure of the exact date, a conference on insurance was held between Ervin S Hill as an agent, employee and officer of Tandy & Wood, Inc E S Harper and Howard H Harper as employees and officers of E S Harper Co Inc. One of the results of said conference was to eliminate the necessity by E S Harper Co Inc of reporting provisionally on the provisional reporting policies, each and every single item of personal property. E S Harper Co Inc and its officials were instructed by Ervin S Hill that they were covered for a catastrophe loss and need not report each individual item of personal property.”
That Hill conferred with Howard H. Harper about this change, and that Hill allegedly instructed Harper that appellant was “covered for a catastrophe loss,” round out Harper’s allegation as quoted by the majority, and raise a doubt concerning what items of value Hill insisted be supplied by appellant, and how much responsibility Hill assumed for assuring an accurate valuation be reported.
Howard H. Harper insisted in his affidavit that appellant accurately reported whatever figures were requested by Hill, who undertook to provide complete insurance coverage for appellant’s inventory and equipment and used the provisional reporting form policy as part of appellant’s insurance program. Harper also stressed that appellant placed full reliance in Hill and that from the beginning, Hill himself filled out the report form each month. It should be noted that Hill’s conduct was seriously inconsistent with the procedure of the insurer, respondent General Insurance Company of America, and this inconsistency itself might raise an inference that Hill had assumed much more responsibility for the accuracy of appellant’s valuations than would an insurance agent in the ordi*775nary situation where the insured filled out the report form. Respondent General Insurance Company of America never objected to these forms, and so might be deemed to have sanctioned the conduct of Hill, who was acting as General’s agent.
From the foregoing, I concluded that respondents have not met their burden of proving “that there is no genuine issue as to any material fact”. Idaho R.Civ.P., 56(c), regarding each of the respondents’ liability to appellant. See Christiansen v. Rumsey, supra. To decide otherwise on this record necessitates weighing evidence and resolving conflicting inferences, a function which of course is not properly within the power of either the district court or of this Court.