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DERBIDGE v. MUTUAL PROTECTIVE INS. CO.

No. 971338-CA.

963 P.2d 788 (1998)

C. Stan DERBIDGE, personal representative of the Estate of Esma S. Seymour, Plaintiff and Appellant, v. MUTUAL PROTECTIVE INSURANCE COMPANY, Defendant and Appellee.

Court of Appeals of Utah.

July 30, 1998.

Attorney(s) appearing for the Case

Christian S. Fonnesbeck and Thomas R. King, Salt Lake City, for Appellant.

David B. Watkiss, Carolyn Cox, and Brett J. Delporto, Salt Lake City, for Appellee.

Before BENCH, GREENWOOD and ORME, JJ.

OPINION

ORME, Judge:

Plaintiff C. Stan Derbidge appeals the trial court's dismissal, on summary judgment, of his complaint for breach of contract filed against Mutual Protective Insurance Company (MPIC). We reverse and remand, concluding MPIC has not shown that, as a matter of law, the insured's misstatement qualified as a "misrepresentation" under Utah Code Ann. § 31A-21-105(2) (1994).

FACTS

In June 1989, Esma S. Seymour met with...

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