NATIONAL UNION FIRE INS. CO. v. SMAISTRALA

No. 20160401-CA.

436 P.3d 249 (2018)

2018 UT App 170

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, Appellee, v. Michael W. SMAISTRALA, Appellant.

Court of Appeals of Utah.

Filed August 30, 2018.


Attorney(s) appearing for the Case

Paul M. Belnap and Chet W. Neilson , Salt Lake City, Attorneys for Appellant.

Randall R. Smart and Jeffrey A. Callister , Murray, Attorneys for Appellee.

Judge David N. Mortensen authored this Opinion, in which Judges Michele M. Christiansen Forster and Ryan M. Harris concurred.


Opinion

¶1 Michael W. Smaistrala found himself sucked into the vortex of Utah insurance subrogation law when his insurer, National Union Fire Insurance Company of Pittsburgh, PA (National Union), demanded that he return $127,000 that the company had paid out on his behalf. When the district court ruled as a matter...

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