TRUCK INSURANCE EXCHANGE v. YARDLEY

No. 14541.

556 P.2d 494 (1976)

TRUCK INSURANCE EXCHANGE, Plaintiff and Respondent, v. Kenneth YARDLEY, dba Yardley Dairy, Defendant and Appellant.

Supreme Court of Utah.

November 5, 1976.


Attorney(s) appearing for the Case

Joseph E. Jackson of Cline, Jackson, Mayer & Benson, Cedar City, for defendant and appellant.

Don J. Hanson, A. Alma Nelson of Hanson & Garrett, Salt Lake City, for plaintiff and respondent.


HENRIOD, Chief Justice:

Appeal from a declaratory judgment that defendant Yardley was the employer of one Cole, an injured claimant under an insurance policy, who hauled grain for Yardley, who in turn had the insurance contract with plaintiff that excluded coverage in an employer-employee relationship. Affirmed with no costs awarded.

Upon examining the facts adduced the trial judge held as a matter of law that such relationship existed, and consequently the...

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