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STATE FARM FIRE AND CAS. CO. v. FORCED AIRE, LC

No. 20070808-CA.

202 P.3d 299 (2009)

2009 UT App 15

STATE FARM FIRE AND CASUALTY COMPANY by and through its insureds, Chad EDGINGTON and Ann Edgington, Plaintiff and Appellant, v. FORCED AIRE, LC, dba Nebeker Heating & A/C; Boyd L. Nebeker dba Forced Aire Heating and Air Conditioning; and John Does 1-10, Defendants and Appellees.

Court of Appeals of Utah.

January 23, 2009.

Attorney(s) appearing for the Case

Brett C. Anderson, Lehi, for Appellant.

Bruce C. Burt and Michael D. Lichfield, Salt Lake City, for Appellees.

Before Judges GREENWOOD, THORNE, and DAVIS.

OPINION

THORNE, Associate Presiding Judge:

¶1 State Farm Fire and Casualty Company (State Farm) appeals from the district court's order granting Forced Aire, LC's (Forced Aire) motion for summary judgment and striking various affidavits State Farm submitted in opposition to the summary judgment motion. State Farm asserts that the court erred in concluding that the statute of repose barred State Farm's action and argues that the statute's twelve-year...

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