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FASHION PLACE INV. v. SALT LAKE COUNTY

No. 870553-CA.

776 P.2d 941 (1989)

FASHION PLACE INVESTMENT, LTD., a partnership, aka Fashion Place Associates, Fashion Place Investors Ltd., a limited partnership, Capitol Life Insurance Company, Valley Mortgage Company, Dr. Robert Anderson, Dr. Barlow L. Packer, Dr. Orlando T. Barrowes, Dr. Carlson Terry, Plaintiffs and Appellants, v. SALT LAKE COUNTY/SALT LAKE COUNTY MENTAL HEALTH, et al., Defendants and Respondents. SALT LAKE COUNTY/SALT LAKE COUNTY MENTAL HEALTH, et al. Third-Party Plaintiffs, v. Richard HARMAN, d/b/a Building Management Services, and Safeco Insurance Company, et al., Third-Party Defendants.

Court of Appeals of Utah.

June 26, 1989.

Attorney(s) appearing for the Case

Theodore E. Kanell, John N. Braithwaite, Salt Lake City, and I. Franklin Hunsaker, and Dianne K. Ericsson, Portland, Or., for plaintiffs and appellants.

Ralph D. Crockett, Gary B. Ferguson, and Gary L. Johnson, Salt Lake City, for defendants and respondents.

Before DAVIDSON, BENCH, and ORME, JJ.

OPINION

DAVIDSON, Judge:

This appeal involves a dispute between Salt Lake County Mental Health (Salt Lake County), as tenant, and Safeco Insurance Company (Safeco), as the landlord's insurer, in a subrogation claim for damages resulting from a fire that destroyed the leased premises. The trial court found that Salt Lake County was an implied coinsured under the terms of the lease thereby barring subrogation by Safeco...

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