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NOVA CAS. CO. v. ABLE CONST., INC.

No. 970594.

983 P.2d 575 (1999)

1999 UT 69

NOVA CASUALTY COMPANY, Plaintiff and Appellee, v. ABLE CONSTRUCTION, INC., John C. Flagg, Rita M. Killpack, and Ruth Edmonds, Defendants and Appellants.

Supreme Court of Utah.

July 20, 1999.

Attorney(s) appearing for the Case

J. Rand Hirschi, Salt Lake City, for plaintiff.

M. Dayle Jeffs, Provo, for defendants.

ZIMMERMAN, Justice:

¶ 1 This case comes to us as an appeal from a trial court's grant of summary judgment in favor of plaintiff Nova Casualty Company ("Nova") in a declaratory judgment action against defendant Able Construction, Inc. ("Able") and John Flagg, Able's owner. Nova asked the trial court to rule that its insurance contract with Able did not require it to defend Able in a lawsuit filed by Ruth M. Killpack and Rita Edmonds, two purchasers

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