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BIRCH v. FIRE INS. EXCHANGE

No. 20040577-CA.

122 P.3d 696 (2005)

2005 UT App 395

Randy B. BIRCH, individually and on behalf of all others similarly situated, Plaintiff and Appellant, v. FIRE INSURANCE EXCHANGE, Defendant and Appellee.

Court of Appeals of Utah.

September 22, 2005.

Attorney(s) appearing for the Case

Daniel F. Bertch and Kevin K. Robson, Bertch Robson, Salt Lake City, for appellant.

David A. Greenwood and Stephen T. Hester, Bendinger Crockett Peterson Greenwood & Casey, Salt Lake City, for appellee.

Before Judges BENCH, McHUGH, and ORME.

OPINION

McHUGH, Judge:

¶ 1 Randy Birch appeals the trial court's grant of summary judgment in favor of Fire Insurance Exchange (Fire), Birch's provider of homeowner's insurance. The trial court held that Birch was only entitled to recover his deductible from Fire in proportion to Fire's subrogation recovery from third-party insurers. We affirm.

BACKGROUND

¶ 2 Neighborhood children were playing with matches and started a fire southwest...

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