Kang Sik Park appeals the district court’s dismissal of his suit against First American Title Insurance Company (“First American”) as time-barred. Exercising jurisdiction under 28 U.S.C. § 1291, we reverse and remand.
I
In 2006, in relation to a loan to Peter and Virginia Lamb, Park obtained a commitment from First American to insure a real estate deed of trust for property in Salt Lake Co... More...    $0 (07-25-2018 - UT)

¶ 1 This case is before us on a certified question from the federal
district court. We are asked to examine the terms of Utah Code section
31A-22-305.3. The question presented is whether this provision requires
that all vehicles covered under the liability provisions of an automobile
insurance policy must also be covered under the underinsured motorist
provisions of that policy... More...    $0 (10-30-2017 - UT)

¶ 1 Utah Code section 78B-4-513(1) provides that “an action for defective design or construction is limited to” an action for “breach of . . . contract, whether written or otherwise, including both express and implied warranties.” The statute also states that such a claim may be brought only by a person who is “in privity of contract with the original contractor” or by a person with a right to sue... More...    $0 (08-30-2017 - UT)

¶ 1 Danny Rutherford suffered extensive injuries when the work van he was driving was hit by a vehicle that had run a red light. Mr. Rutherford sought compensation from both his employer‘s workers‘ compensation insurer and Truck Insurance Exchange (TIE), which provides Mr. Rutherford‘s employer with underinsured motorist coverage. Mr. Rutherford seeks double recovery, arguing that Utah Code sectio... More...    $0 (04-27-2017 - UT)

On May 20, 2002, Mr. Wade and Darrin Rhodes went to service the Sundown Well, which is located in Meadow, Utah.2 In
1 Mr. Wade and his wife first filed the tort suit against FEA. They added Dixie as a defendant after learning that the utility employees involved in the accident were leased by Dixie to FEA. 2 In evaluating cross-motions for summary judgment, we recite the facts in the light mo... More...    $0 (09-26-2015 - UT)

We have long strictly construed contractual provisions that call for one party to indemnify another, requiring that such provisions clearly and unequivocally manifest the intent to do so. In this case, we are asked to consider whether we should also strictly construe a contractual provision requiring one party to procure insurance for the benefit of another. ¶2 We conclude that while an agreement... More...    $0 (07-31-2015 - UT)

¶1 TLCAS, LLC, together with Gary Gee, Marva Gee, and Nancy Gee (collectively, TLCAS) appeals from the trial court’s ruling that TLCAS engaged in deceptive and unconscionable practices under the Utah Consumer Sales Practices Act (the UCSPA) and is liable to Auto-Owners Insurance Company (Auto-Owners) for costs related to a dealer’s bond and reasonable attorney fees under the terms of an indem... More...    $0 (04-23-2015 - UT)

¶1 Jose Luis Avalos appeals from a jury verdict in favor of TL
Custom, LLC (TLC). Avalos argues that the trial court exceeded its
discretion in admitting evidence that TLC had gone out of business.
He also argues that the jury’s verdict that TLC was not negligent is
not supported by sufficient evidence. We affirm.
Avalos v. TL Custom
2. “On appeal from a jury verdict, ... More...    $0 (07-03-2014 - UT)

¶1 This case involves a dispute over whether a homeowner’s insurance policy excludes coverage for an all-terrain vehicle (ATV) accident that occurred in a residential subdivision. American National Property and Casualty Company (American National) appeals the district court’s award of summary judgment in favor

American National v. Olsen

20110221-CA 2 2013 UT App 295

of th... More...    $0 (12-12-2013 - UT)

¶1 Plaintiffs Lake Forest Properties LLC and Colco Development, Inc. (Lake Forest) appeal the trial court’s grant of summary judgment in favor of Defendants David W. Olsen and Hearthstone Development, Inc. (collectively, Defendants). We reverse and remand for further proceedings.1

______________________

1. We also vacate our earlier order sealing the record and briefs filed in thi... More...    $0 (05-23-2013 - UT)

¶1 This case concerns a corporation‘s statutory and contractu-al duty to indemnify a corporate officer‘s criminal defense costs. Susie Strohm, the one-time CFO of ClearOne Communications, Inc., was charged with eight federal criminal counts relating to an investigation into certain accounting practices at ClearOne. She was later acquitted of all but one count. Strohm and her counsel, Dorsey, ... More...    $0 (04-09-2013 - UT)

¶1 This is an appeal from a grant of summary judgment. The case involves a
personal injury claim originally brought by Irene B. Berrett and her husband, Frank E.
Berrett, and later continued by Frank Berrett on behalf of himself, Irene Berrett’s heirs,
and the Estate of Irene B. Berrett (collectively, the Berretts). Irene Berrett was injured
when she fell twenty feet into an ope... More...    $0 (12-28-2012 - UT)

¶1 Petitioner Noel C. Gardner (Husband) appeals the district court’s denial of his petition to modify his divorce decree as well as its decision not to hold Respondent Mary E. Gardner (Wife) in contempt for violating a hold harmless provision within the divorce decree. We reverse and remand.

BACKGROUND

¶2 Husband and Wife married in 1984. Husband filed for divorce in 1991, and th... More...    $0 (12-28-2012 - UT)

¶1 This case requires us to consider what constitutes constructive notice of unrecorded interests in real property under section 57-3-103 of the Utah Code (Recording Statute). Pioneer Builders (Pioneer) financed the purchase of an RV park (Property). At that time, the Property was subject to several existing recorded leases. But the Property was also subject to several unrecorded leases. When Pio... More...    $0 (11-02-2012 - UT)

¶ 1 This case involves a medical malpractice lawsuit brought by Jerome Wilson and Leilani Wilson on behalf of their son, Jared. The Wilsons allege that employees of IHC Hospitals, Inc. (IHC) breached their duty of care during Ms. Wilson’s labor and delivery of Jared. The Wilsons further claim that IHC’s negligence caused Jared to suffer severe brain damage. The Wilsons tried their claims to a... More...    $0 (07-20-2012 - UT)

¶1 Claudia and Eugene Orr, individually and on behalf of their deceased son, Kevin Orr, and Holly Orr, individually and on behalf of Kevin’s heirs (collectively, the Orrs), appeal the district court’s order granting Uintah County’s (the County) motion to dismiss. We affirm.1

¶2 In their complaint, the Orrs set forth three claims for relief against the County, the only defendant in t... More...    $0 (07-21-2011 - UT)

¶1 We have accepted certification of the following question from the United States District Court for the District of Utah: “Whether provision of lower limits for underinsured motorist coverage than for liability coverage properly complies with former Utah Code Ann. § 31A-22-305(9)(b) & (g) (currently codified under Utah Code Ann. § 31A-22-305.3).â€� We hold that such coverage may comply with... More...    $0 (07-01-2011 - UT)

¶1 Delta Equipment Industrial Systems, Inc. (“DEIâ€�) appeals the district court’s summary judgment dismissing DEI’s setoff counterclaim and ruling that DEI is in unlawful detainer of property owned by Benedict Bichler (“Bichlerâ€�). Specifically, DEI challenges the district court’s determination that (1) DEI lacked a valid basis for asserting a claim of setoff and (2) DEI’s claim of ... More...    $0 (09-29-2009 - UT)

We granted en banc rehearing to reconsider our precedent concerning the scope and application of federally mandated insurance for interstate commercial motor carriers. See Carolina Cas. Ins. Co. v. Yeates, 533 F.3d 1202 (10th Cir. 2008) (applying Empire Fire & Marine Ins. Co. v. Guar. Nat’l Ins. Co., 868 F.2d 357 (10th Cir. 1989)). Federal regulations require interstate trucking companies to mai... More...    $0 (09-13-2009 - UT)

J.R. Simplot Company, Simplot Phosphates, LLC, and Simplot Pipeline, LLC (collectively “Simplotâ€�) sued Chevron Pipeline Company, Chevron Chemical Company, and Chevron U.S.A., Inc., (collectively “Chevronâ€�) for failure to defend and indemnify Simplot pursuant to two sales agreements. Chevron denied its liability and asserted counterclaims. The district court granted summary judgment in favo... More...    $0 (04-24-2009 - UT)

Plaintiff Cherilyn Kellogg brought this action against defendants Metropolitan Life Insurance Company and Pfizer Accidental Death and Dismemberment Insurance Plan, claiming she was wrongly denied accidental death and dismemberment benefits under an employee welfare benefit plan regulated by the Employee Retirement Income Security Act of 1974 (ERISA), as amended, 29 U.S.C. §§ 1001-1461. Cherilyn ... More...    $0 (12-04-2008 - UT)

Travelers Indemnity Company of Connecticut insured High Mountain, LLC, which managed two condominium units in Utah owned by John F. and Diane L. Mullin. The Mullins sued High Mountain for renting the units for discounted rates without permission, theft of property from the condominiums owned by the Mullins, failure to forward rental income, and theft of property from a rental unit that the Mullins... More...    $0 (09-15-2008 - UT)

¶1 Appellant Asael Farr & Sons Company (Farr) appeals the trial court's denial of Farr's motion for partial summary judgment against Safeco Insurance Co. (Safeco), American States Insurance Co. (American States), Hartford Steam Boiler Inspection and Insurance Co. (Hartford), Trustco, Inc. (Trustco), and Andrew L. Reed; and the court's grant of summary judgment in favor of Appellees Reed, Trustco,... More...    $0 (09-01-2008 - UT)

After renting a boat from Aramark Leisure Services ("Aramark"), Charles Kendrick was involved in a boating accident. Faced with potential damage claims from Kendrick and his co-passenger, Aramark brought a special proceeding in federal district court under the Limitation of Vessel Owner's Liability Act, 46 U.S.C. § 30501 et seq.1 As part of that proceeding, Kendrick filed a claim against Aram... More...    $0 (04-25-2008 - UT)

1 William Rothstein, an expert skier, sustained injuries when he collided with a retaining wall while skiing at Snowbird Ski Resort. He sued Snowbird, claiming the resort's negligence caused his injuries. The district court granted Snowbird's motion for summary judgment and dismissed Mr. Rothstein's ordinary negligence claim. The district court agreed with Snowbird that Mr. Rothstein ha... More...    $0 (12-18-2007 - UT)

1 James Gordon "V.J." Berry was seriously injured while competing in a ski race. He sued the parties connected with the event, including Park City Mountain Resort (PCMR), the site where the race was held. The district court granted PCMR's motions for summary judgment and dismissed Mr. Berry's claims for ordinary negligence, gross negligence, and common law strict liability. We affirm in... More...    $0 (10-30-2007 - UT)

1 Tremco Legal Solutions, Inc. ("Tremco") appeals from a summary judgment rendering it liable for an earlier judgment obtained by Brigham Young University ("BYU") against SoftSolutions, Inc. ("SoftSolutions"). We hold that the district court erred in summarily extending liability for BYU's earlier judgment to Tremco. SoftSolutions and individual appellants Kenneth W. Duncan; Alvin S. Tedjamul... More...    $0 (02-15-2005 - UT)

The Governor and Attorney General of Utah, along with Utah environmental and transportation officials, appeal the district court's ruling that the state's statutes regulating the storage and transportation of spent nuclear fuel are preempted by federal law. See Skull Valley Band of Goshute Indians v. Leavitt, 215 F. Supp. 2d 1232 (D. Utah 2002). The Utah officials argue that the district court ... More...    $0 (08-05-2004 - UT)

1 This appeal arises from a dispute over the rightful ownership of a 1994 Mazda pickup truck. Shortly after purchasing and financing the truck in California, the purchasers disappeared and defaulted on their loan payments. The truck surfaced in Arizona, where it was sold several times. It then made its way to Utah, where nineteen-year-old Chris Mahana purchased it from Rick Warner Toyota. Thre... More...    $46880 (07-09-2004 - UT)

In June 1995, Schaerrer met with her physician, Dr. Jeffrey W. Johnson, who prescribed fenfluramine and phentermine as a weight loss measure. Schaerrer took fenfluramine and phentermine as prescribed from June 1995 through June 1997. She was originally prescribed twenty-milligram fenfluramine tablets to be taken three times daily and a generic phentermine capsule to be taken once daily. Schaerr... More...    $0 (10-27-2003 - UT)

2 The parties to this appeal do not dispute the material facts. In 1993, Cook purchased two parcels of land i... More...    $0 (04-16-2002 - UT)

1 Phoenix Indemnity Insurance Company ("Phoenix") appeals the trial court's denial of its motion for partial summary judgment made prior to stipulated settlement of the case and entry of a final order of dismissal. Marlene Smith, a.k.a. Marlene Yardley ("Yardley"), moves for summary disposition for lack of jurisdiction pursuant to rule 10(a)(1) of the Utah Rules of Appellate Procedure. We grant Ya... More...    $0 (05-10-2002 - UT)

Mutual Service Casualty Insurance Company ("Mutual Service") issued a Commercial General Liability policy ("CGL") and an Umbrella Liability policy ("Umbrella") to Moroni Feed Company. While coverage was effective, Joseph C. Nielsen, former president of Moroni Feed Company, sued Moroni Feed bringing eleven separate claims. Mutual Service denied coverage for the Nielsen lawsuit. Moroni Feed brought ... More...    $0 (05-02-2002 - UT)

3 On August 4, 1993, Peterson settled with Stengel for the amount of Stengel's automobile insurance policy limits. Stengel's insurance carrier, Nation... More...    $50000 (04-26-2002 - UT)

1 Defendant Navajo Trails required plaintiff Jessica Hawkins's mother to sign a release form prior to allowing Hawkins to ride one of its horses. The release form contained a waiver of liability and an indemnity provision. The district court invalidated the waiver provision on public policy grounds, but upheld the indemnity provision. Hawkins appeals the district court's decision upholding the ind... More...    $0 (10-30-2001 - UT)