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JAQUES v. MIDWAY AUTO PLAZA, INC.

No. 20080985.

240 P.3d 769 (2010)

2010 UT 54

Dalton JAQUES; Severo Rodriguez; Elisha Delagarza; Nicholas Rodarte; Jodi Poll Holbrook; Jennifer Torrance; Melissa Thomas; Gregory Heiner; Ryan McCormick; Jennifer McCormick; Kent Ballard; and Ronda Ballard, Plaintiffs and Appellees, v. MIDWAY AUTO PLAZA, INC.; and Mike Riddle Inc. dba Mike Riddle Mitsubishi, Defendants and Appellants.

Supreme Court of Utah.

September 24, 2010.

Attorney(s) appearing for the Case

Michael V. Houtz , Jack C. Helgesen , Ogden, for plaintiffs.

Scott Powers , Heinz J. Mahler , Salt Lake City, for defendants.

DURHAM, Chief Justice:

INTRODUCTION

¶ 1 This action was commenced by eleven purchasers of vehicles (Purchasers) from two car dealerships: Midway Auto Plaza and Mike Riddle Mitsubishi (Car Dealers). We granted interlocutory appeal to decide two issues. The first issue is whether section 31A-15-105(2) of the Utah Code provides a private right of action to purchasers of an insurance policy from an unauthorized insurer. This issue arose from a motion to...

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