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WHYTE v. BLAIR

No. 930555.

885 P.2d 791 (1994)

James R. WHYTE, Plaintiff and Appellant, v. Brent A. BLAIR, Glen L. Taylor, and American States Insurance, Defendants and Appellees.

Supreme Court of Utah.

November 2, 1994.

Attorney(s) appearing for the Case

Brian S. King, Salt Lake City, for James Whyte.

Tim Dalton Dunn, Kevin D. Swenson, Salt Lake City, for American States Ins.

Michael J. Cooper, Salt Lake City, for Glen Taylor.

STEWART, Associate Chief Justice:

James R. Whyte appeals an order denying his motion for summary judgment and dismissing American States Insurance.1 Whyte claimed that he was lawfully married to Linda Mitchell and therefore was "covered" under her auto insurance policy issued by American States Insurance as a member of her family, although their marriage was not solemnized.

On September 5, 1991, Whyte was injured when the car he...

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