EQUINE ASSISTED GROWTH v. CAROLINA CAS.

No. 20090676.

266 P.3d 733 (2011)

2011 UT 49

EQUINE ASSISTED GROWTH AND LEARNING ASSOCIATION, Plaintiff and Appellee, v. CAROLINA CASUALTY INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of Utah.

August 19, 2011.


Attorney(s) appearing for the Case

James L. Harris , Salt Lake City, for plaintiff.

Gregory J. Sanders , Patrick C. Burt , Salt Lake City, for defendant.

On Certiorari to the Utah Court of Appeals.


Justice NEHRING, opinion of the Court:

INTRODUCTION

¶ 1 In this petition, we must decide whether the court of appeals correctly concluded that the district court erred when it refused to consider extrinsic evidence to determine that an insurer did not have a duty to defend an insured under the terms of an insurance policy. We affirm the court of appeals' decision and hold that the district court erred when it refused to consider extrinsic evidence as...

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