· 1/14/1997
Sharon Steel Corp. v. Aetna Casualty & Surety Co.
Citations
- 931 P.2d 127
- 308 Utah Adv. Rep. 3
- 44 ERC (BNA) 1745
- 1997 Utah LEXIS 3
- 1997 WL 10322
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that insurance providers would be allocated defense costs according to the period of time they provided coverage and the insured would be allocated defense costs according to the period of time it had no insurance coverage
- noting that the duty to defend \is determined by referring to the allegations in the underlying complaint\
- concluding that a pro rata formula was appropriate because it represented what each insurer contracted to provide and \[an] insurer has not contracted to pay defense costs for occurrences which took place outside the policy period\ (internal quotation marks omitted)
- noting that because the briefing was not thorough, we were \limited to our own resources in fashioning an equitable apportionment method\
- explaining that damages based on the relative period of time for which coverage was provided under each policy is an equitable method of apportionment of defense costs
- explaining that damages based on the relative period of time for which coverage was provided under each policy is an equitable method of apportionment of defense costs
Source: CourtListener parenthetical corpus (CC0).
Judges: Durham, Zimmerman, Howe, Russon, Durham'S, Stewart
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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