SUNILAND CORP. v. RADCLIFFE

No. 14967.

576 P.2d 847 (1978)

SUNILAND CORPORATION, a Utah corporation, Newton A. Tuttle, Jr., and Ruth Tuttle, his wife, Plaintiffs and Respondents, v. Charles Ronald RADCLIFFE, Judy S. Radcliffe, his wife, and Farmer's Home Mutual Insurance Company, a Minnesota corporation, Defendants and Appellants.

Supreme Court of Utah.

February 22, 1978.


Attorney(s) appearing for the Case

J. Frank Allred, Salt Lake City, for Radcliffes.

George A. Hunt, Salt Lake City, for Farmer's.

Robert McDonald, Mark O. Van Wagoner, Salt Lake City, for plaintiffs and respondents.


ELLETT, Chief Justice:

Suniland sold a home to Radcliffe who later became dissatisfied with it. The parties settled their dispute by Suniland repurchasing the home, and as part of the agreement permitted Radcliffe to rent the house for one month while looking for another abode. Suniland took out an insurance policy to cover any loss it might sustain as a result of vandalism or malicious mischief.

At the end of the rental month the Radcliffes left the home...

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