AFCU v. KIER CONST. CORP.

No. 20101036-CA.

314 P.3d 1055 (2013)

2013 UT App 256

AMERICA FIRST CREDIT UNION, Plaintiff, v. KIER CONSTRUCTION CORPORATION, Defendant, Third-party Plaintiff and Appellee, Broberg Masonry, Inc. and Owners Insurance Company, Third-party Defendants and Appellant.

Court of Appeals of Utah.

October 24, 2013.


Attorney(s) appearing for the Case

Richard K. Glauser and Jared R. Casper , for Appellant.

Jack W. Reed and Matthew D. Ormsby , for Appellee.

Judge MICHELE M. CHRISTIANSEN authored this Opinion, in which Judges CAROLYN B. McHUGH and STEPHEN L. ROTH concurred.


CHRISTIANSEN, Judge:

¶ 1 Owners Insurance Company (Owners) challenges the district court's denial of its motion for summary judgment. We reverse and remand.

BACKGROUND

¶ 2 The material facts in this case are undisputed. In April 2002, America First Credit Union (AFCU) and Kier Construction Corporation (Kier) entered into a contract for Kier to act as the general contractor in the construction of an AFCU branch office building in Slaterville...

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