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EMPLOYERS MUT. LIAB. INS. CO. v. INDUSTRIAL COM'N

No. 10921.

436 P.2d 228 (1968)

20 Utah 2d 192

EMPLOYERS MUTUALS LIABILITY INSURANCE CO. OF WISCONSIN, a corporation (One of the Insurance companies constituting Employers Mutuals of Wausau), Plaintiff, The INDUSTRIAL COMMISSION of Utah et al., Defendants.

Supreme Court of Utah.

January 12, 1968.

Attorney(s) appearing for the Case

Clyde, Mecham & Pratt, Frank J. Allen, Salt Lake City, for plaintiff.

Phil L. Hansen, Atty. Gen., Nielsen, Conder, Hansen & Henriod, W. Eugene Hansen, Salt Lake City, Leon M. Frazier, Provo, for defendants.

ELLETT, Justice.

Phillip H. Russon was accidentally killed in the course of employment, and his surviving minor child is entitled to an award under the Workmen's Compensation Act of Utah. The only issue herein is the question of whether the contract of insurance between the plaintiff and the employer of Mr. Russon had been cancelled at the time of the fatal accident. That issue was presented to the Industrial Commission for a determination. The plaintiff voluntarily...

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