KIMBALL v. KINGSBURY

No. 12422.

493 P.2d 300 (1972)

27 Utah 2d 70

Guy KIMBALL, Plaintiff and Appellant, v. Kenneth L. KINGSBURY and Kathleen Kingsbury, his wife, Defendants, Third-Party Plaintiffs and Appellants, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Nationwide Mutual Fire Insurance Company, Third-Party Defendant and Respondents.

Supreme Court of Utah.

January 28, 1972.


Attorney(s) appearing for the Case

Thomas R. Blonquist, Boyd M. Fullmer, Salt Lake City, for appellant.

Worsley, Snow & Christensen, Raymond S. Berry, Salt Lake City, for respondent.


HENRIOD, Justice:

Appeal from a judgment of no cause of action by Kingsburys against Nationwide Mutual in a case tried to the court, based on a claim under an insurance policy for personal injury and property damage. Affirmed with costs to Nationwide.

There was no transcript of evidence and the case is here on the pleadings, the policy terms, admissions and Findings of Facts, which were as follows:

On October 8, 1968, Kathleen Kingsbury and plaintiff...

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