· 11/1/1988
Hill v. State Farm Mutual Automobile Insurance Co.
Citations
- 765 P.2d 864
- 94 Utah Adv. Rep. 23
- 1988 Utah LEXIS 110
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an insurer’s subrogation right was extinguished by the insured’s settlement with a tortfea-sor
- recognizing equitable principles underlying subrogation can be modified by contract, but applying equitable principles because record did not include alleged contractual modification
- recognizing equitable principles underlying subrogation can be modified by contract, but applying equitable principles because record did not include alleged contractual modification
- stating that, where the amount of damages is in dispute, summary judgment is inappropriate
- holding insurer’s subrogation rights destroyed by insured’s release with insolvent tortfeasor
- “[T]he insurer’s equitable position cannot be superior to the insured’s unless the insured has been completely compensated.” (emphasis added)
Source: CourtListener parenthetical corpus (CC0).
Judges: Durham, Hall, Howe, Stewart, Zimmerman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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