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CONTINENTAL INS. CO. v. KINGSTON

No. 20030936-CA.

114 P.3d 1158 (2005)

2005 UT. App. 233

CONTINENTAL INSURANCE COMPANY, a subsidiary of CNA Financial Corporation, Plaintiff and Appellee, v. Joseph O. KINGSTON and D.U. Company, Inc., Defendants and Appellants.

Court of Appeals of Utah.

May 26, 2005.

Attorney(s) appearing for the Case

Carl E. Kingston and F. Mark Hansen, Mark Hansen PC, Salt Lake City, for Appellants.

John N. Braithwaite, Stephen J. Trayner, H. Scott Jacobson, and Robert W. Harrow, Strong & Hanni, Salt Lake City, for Appellee.

Before Judges GREENWOOD, ORME, and THORNE.

OPINION

ORME, Judge:

¶ 1 Joseph O. Kingston and D.U. Company, Inc. appeal the trial court's grant of summary judgment in favor of Continental Insurance Company premised on a theory of misrepresentation in an insurance application. We conclude the insurance company waived any right it had to rescind the policy and reverse the summary judgment.

BACKGROUND

¶ 2 Except as otherwise noted, the key facts are not in dispute and may be...

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