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CREEKVIEW APARTMENTS v. STATE FARM INS.

No. 870549-CA.

771 P.2d 693 (1989)

CREEKVIEW APARTMENTS, a Utah limited partnership, By and Through its general partner, HEDMAN INVESTMENTS, INC., Plaintiff and Appellant, v. STATE FARM INSURANCE COMPANY, Defendant and Respondent.

Court of Appeals of Utah.

March 28, 1989.

Attorney(s) appearing for the Case

William G. Gibbs, Bruce J. Nelson, and Michael L. Dowdle, Salt Lake City, for plaintiff and appellant.

Darwin C. Hansen, Bountiful, for defendant and respondent.

Before BENCH, GARFF and GREENWOOD, JJ.

OPINION

BENCH, Judge:

Plaintiff Creekview Apartments (Creekview) appeals from entry of summary judgment for defendant State Farm Insurance Company (State Farm). The trial court granted summary judgment based on a limitation clause in an insurance contract. We consider two issues on appeal: 1) whether State Farm waived the contractual limitation by failing to properly plead it as an affirmative defense; and 2) whether summary judgment was precluded by an...

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