STATE FARM MUTUAL AUTO INSURANCE COMPANY v. KAY

No. 12300.

487 P.2d 852 (1971)

26 Utah 2d 195

STATE FARM MUTUAL AUTO INSURANCE COMPANY, Plaintiff and Appellant, v. Richard KAY and Myrtle L. Kay, Defendants and Respondents.

Supreme Court of Utah.

July 28, 1971.


Attorney(s) appearing for the Case

L.L. Summerhays, of Strong & Hanni, Salt Lake City, for plaintiff-appellant.

John L. Black, D.M. Draper, Jr., W. Brent Wilcox, Salt Lake City, H. Grant Ivins, American Fork, for defendants-respondents.


CALLISTER, Chief Justice.

Plaintiff insurer initiated this declaratory judgment action to determine its liability and duty to afford a defense to its insured, Myrtle L. Kay, under an automobile liability policy.

On August 4, 1968, Myrtle L. Kay, while operating her automobile, either fell asleep or suffered a blackout, and ran her vehicle off the highway and into a dirt embankment. She and her passenger, Richard Kay, sustained severe injuries in this accident...

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