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FARMERS INS. EXCHANGE v. VERSAW

No. 20020747.

99 P.3d 796 (2004)

2004 UT 73

FARMERS INSURANCE EXCHANGE, reciprocal or inter-insurance exchange, Plaintiff and Appellee, v. Don VERSAW, Arthur Vierra, and Corina Vierra, Defendants and Appellants.

Supreme Court of Utah.

August 24, 2004.

Attorney(s) appearing for the Case

John M. Chipman, Salt Lake City, for plaintiff.

H. Michael Drake, Salt Lake City, for defendant Don Versaw.

Roger H. Hoole, Salt Lake City, for defendants Arthur and Corina Vierra.

NEHRING, Justice:

¶ 1 In this appeal, we decide whether language in an automobile insurance policy issued by Farmers Insurance Exchange limits recovery of a spouse for his separate loss of consortium claim to the "per person" maximum provided in the policy. The trial court held that it did. We disagree and reverse.

BACKGROUND

¶ 2 Mr. Don Versaw was in an automobile collision with Mrs. Corina Vierra in 1998. Mrs. Vierra sustained injuries...

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