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TRAVELERS INS. CO. v. KEARL

No. 940293-CA.

896 P.2d 644 (1995)

The TRAVELERS INSURANCE CO., a Connecticut Corporation, Plaintiff and Appellee, v. Thomas J. KEARL, an individual; Nanette Kearl, an individual; Timothy Allen, a Personal Representative of the Estate of Jeremy L. Allen, Defendants and Appellees, and Lee Warren, on his own behalf and as Personal Representative of the Estate of Lisa Marie Warren, Intervenor and Appellant, and Clayton F. Kearl and Nita R. Kearl, individually, and Clayton F. Kearl as Personal Representative of the Estates of R. Trent Kearl and Tobin J. Kearl, Intervenors and Appellants.

Court of Appeals of Utah.

May 25, 1995.

Attorney(s) appearing for the Case

Allen K. Young, Young & Kester, Springville, Edward P. Moriarity, Robert A. Krause, Heather Noble (argued), Spence, Moriarty & Schuster, Jackson, WY, for appellant Warren.

Paul S. Felt, John A. Adams (argued), Mark M. Bettilyon, Ray, Quinney & Nebeker, Salt Lake City, for appellee Travelers Insurance.

Charles A. Schultz, Salt Lake City, for appellants Clayton and Nita Kearl.

Robert D. Tingey, Winder & Haslam, P.C., Salt Lake City, for appellees Thomas and Nanette Kearl.

Before BILLINGS, JACKSON and WILKINS, JJ.

OPINION

WILKINS, Judge:

The intervenors in this case, representing the estates of Lisa Marie Warren and Trent and Tobin Kearl, appeal the trial court's grant of summary judgment in favor of The Travelers Insurance Company (Travelers). The trial court ruled that, as a matter of law, the automobile in question was not insured under the Travelers policy issued to Thomas and Nanette Kearl. We reverse the summary judgment as to the intervenors' estoppel argument...

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