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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.