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DIAMOND T. UTAH, INC. v. CANAL INSURANCE COMPANY

No. 9284.

12 Utah 2d 37 (1961)

361 P.2d 665

DIAMOND T. UTAH, INC., ET AL., PLAINTIFF AND RESPONDENT, v. CANAL INSURANCE COMPANY, DEFENDANT AND THIRD-PARTY PLAINTIFF AND RESPONDENT, v. UNDERWRITERS AT LLOYDS, LONDON, THIRD-PARTY DEFENDANT AND APPELLANT.

Supreme Court of Utah.

May 2, 1961.

Attorney(s) appearing for the Case

Skeen, Worsley, Snow & Christensen, Salt Lake City, for appellant.

Homer F. and Harold N. Wilkinson, Moreton, Christensen & Christensen, Salt Lake City, for respondents.

CALLISTER, Justice.

Plaintiff, Diamond T Utah, Inc., commenced an action against Canal Insurance Company under a physical damage insurance policy. Canal filed a third-party complaint against Underwriters at Lloyds, London,1 seeking to hold the latter liable, under the terms of a reinsurance certificate, for 75 per cent of its liability, if any, to plaintiff. By agreement of the parties, the lower court provided in its pretrial order that...

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