SURETY LIFE INS. CO. v. SMITH

No. 940095.

892 P.2d 1 (1995)

SURETY LIFE INSURANCE CO., a Utah corporation, and Allstate Insurance Co., a foreign corporation, Plaintiffs and Appellees, v. H. Fred SMITH, Robert S. Halander, and Ronald W. Smith, Defendants and Appellants.

Supreme Court of Utah.

March 1, 1995.


Attorney(s) appearing for the Case

Jay W. Butler, Clark W. Sessions, Salt Lake City, for plaintiffs.

L. Benson Mabey, Salt Lake City, for defendants.


DURHAM, Justice:

Defendants H. Fred Smith, Robert S. Halander, and Ronald W. Smith (collectively the "Smiths") appeal the trial court's grant of summary judgment in favor of plaintiffs Surety Life Insurance Company and its successor in interest Allstate Life Insurance Company (collectively "Surety"). The Smiths claim that the trial court misconstrued section 57-1-32 of the Utah Code in granting summary judgment and that as...

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