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LDS HOSP. v. CAPITOL LIFE INS. CO.

Nos. 20990, 21056.

765 P.2d 857 (1988)

LDS HOSPITAL, A DIVISION OF INTERMOUNTAIN HEALTH CARE, INC., a Utah corporation, Plaintiff and Appellant, v. CAPITOL LIFE INSURANCE COMPANY, Defendant and Appellee, and Joel Miller and Marsha Miller, Defendants and Appellants. INTER-MOUNTAIN CLINIC, INC., Plaintiff and Appellant, v. CAPITOL LIFE INSURANCE COMPANY, Defendant and Appellee, and Joel Miller, Defendant and Appellant.

Supreme Court of Utah.

October 31, 1988.

Attorney(s) appearing for the Case

Thomas A. Duffin, Hans M. Scheffler, Salt Lake City, for LDS Hosp. and Inter-Mountain Clinic, Inc.

Ronald J. Yengich, Salt Lake City, for Joel Miller and Marsha Miller.

David W. Slagle, Salt Lake City, for Capitol Life Ins. Co.

HALL, Chief Justice:

Plaintiffs LDS Hospital and Inter-Mountain Clinic ("Hospitals") appeal a trial court order denying Hospitals' motion for summary judgment and granting defendant Capitol Life Insurance Company's ("Capitol") motion for no cause of action in regard to its liability under an accident insurance contract. We reverse.

The facts are not in dispute. In October 1981, defendant Joel Miller ("Miller"), while...

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