WESTERN CASUALTY & SUR. CO. v. TRANSAMERICA INS. CO.

No. 12265.

484 P.2d 1180 (1971)

26 Utah 2d 50

The WESTERN CASUALTY AND SURETY COMPANY, Plaintiff and Respondent, v. TRANSAMERICA INSURANCE COMPANY et al., Defendants and Appellant.

Supreme Court of Utah.

May 10, 1971.


Attorney(s) appearing for the Case

John L. Chidester, Heber City, for appellant.

Glenn C. Hanni, of Strong & Hanni, Salt Lake City, for Western Casualty & Surety Co.

Raymond M. Berry, Allan L. Larson, Worsley, Snow & Christensen, Salt Lake City, for Transamerica Insurance Co.


ELLETT, Justice.

This appeal involves the interpretation of the omnibus clause of two separate insurance policies. The trial court granted a summary judgment holding that neither policy afforded any coverage to Dan Allison or to the estate of his deceased minor son Rick, who at the time of his death was sixteen years of age.

There is no dispute as to the facts of the case, and summary judgment would be proper if as a matter of law either party was entitled...

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