PETERSON v. WESTERN CASUALTY AND SURETY COMPANY

No. 10524.

19 Utah 2d 26 (1967)

425 P.2d 769

MARIE E. PETERSON, PLAINTIFF AND RESPONDENT, v. WESTERN CASUALTY AND SURETY COMPANY, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

March 29, 1967.


Attorney(s) appearing for the Case

Hanson & Garrett, Salt Lake City, for appellant.

Hatch & McRae, Salt Lake City, for respondent.


CROCKETT, Chief Justice:

Marie E. Peterson, who had obtained a judgment against one Chuck Shim Lew for $12,500 for injuries suffered in an automobile collision, sued Western Casualty and Surety Company, Lew's insurer, to compel payment of the judgment. The policy contained the usual provision that a judgment creditor of the insured may bring such a suit. The defense relied upon by Western Casualty was that its insured had breached the cooperation clause of the policy...

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