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DOCTORS' CO. v. DREZGA

No. 20080514.

218 P.3d 598 (2009)

2009 UT 60

The DOCTORS' Company, Plaintiff and Appellant, v. G. Gregory DREZGA, MD; and Heidi J. Judd, personally and as the natural parent and guardian of Athan Montgomery, for and on behalf of Athan Montgomery, Defendants and Appellees.

Supreme Court of Utah.

September 15, 2009.

Attorney(s) appearing for the Case

Jaryl L. Rencher, Salt Lake City, for plaintiff.

Paul C. Burke, David C. Biggs, Kenneth D. Lougee, Salt Lake City, for defendants.

DURHAM, Chief Justice:

¶ 1 This case comes before us on appeal from a grant of summary judgment by the district court. Appellant, The Doctor's Company (TDC), argues that the district court erred in holding that its malpractice insurance policy could not be invalidated based on the misrepresentations and noncooperation of the insured doctor. Appellant further challenges the district court order that it pay attorney fees...

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