UNIVERSAL UNDERWRITERS INSURANCE COMPANY v. ALLSTATE INSURANCE COMPANY

No. 11176.

445 P.2d 772 (1968)

21 Utah 2d 358

UNIVERSAL UNDERWRITERS INSURANCE COMPANY, a corporation, Plaintiff and Appellant, v. ALLSTATE INSURANCE COMPANY, a corporation, Defendant and Respondent.

Supreme Court of Utah.

October 1, 1968.


Attorney(s) appearing for the Case

W. Brent Wilcox, of Hanson & Garrett, Salt Lake City, for appellant.

L.E. Midgley, Salt Lake City, for respondent.


HENRIOD, Justice:

Appeal from a summary judgment in favor of defendant insurance company with respect to a so-called "automobile business" clause in the policy. Reversed, with costs to appellant.

The facts have to do with a customer's leaving his car with a repair outfit for fixing, where, subsequently the car hit a pedestrian while being returned by the repairman to the owner. The facts were almost on all fours with those developed in our very recent case...

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