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DYSON v. AVIATION OFFICE OF AMERICA, INC.

No. 15661.

593 P.2d 143 (1979)

Donald A. DYSON, Stephen F. Kesler, W. T. Bissell, Ronald McClain, Donald L. Oborn, and Elmo Walker, Plaintiffs and Appellants, v. AVIATION OFFICE OF AMERICA, INC., a Texas Corporation, and Ranger Insurance Company, a New York Corporation, and Kenneth R. Shannon, Defendants and Respondents. AVIATION OFFICE OF AMERICA, INC., a Texas Corporation, and Ranger Insurance Company, a New York Corporation, Third-Party Plaintiffs and Respondents, v. Donald A. DYSON, LeRoy F. Dyson and L.F. Dyson & Associates, Inc., a Nevada Corporation, Third-Party Defendants and Appellants. Stephen F. KESLER, W.T. Bissell, Ronald McClain, Donald L. Oborn and Elmo Walker, Plaintiffs, Cross-Claimants and Respondents, v. Donald A. DYSON, LeRoy F. Dyson and L.F. Dyson & Associates, Inc., a Nevada Corporation, Third-Party Defendants and Appellants.

Supreme Court of Utah.

March 27, 1979.

Attorney(s) appearing for the Case

H. Wayne Wadsworth of Watkiss & Campbell, Wallace R. Lauchnor of Moffat, Welling & Paulsen, R. Clark Arnold of Reynolds & Arnold, Salt Lake City, for plaintiffs and appellants.

Stuart L. Poelman of Snow, Christensen & Martineau, Raymond A. Hintze of Walker & Hintze, Salt Lake City, for defendants and respondents.

HALL, Justice:

Appeal from a judgment which held that Ranger Insurance Company ("Ranger") and its underwriter, Aviation Office of America ("AOA") were not liable on a contract of insurance, but that the insurance agent was liable for the loss of an aircraft.

On March 18, 1975, five individuals (Dyson, Kesler, Bissell, McClain and Oborn) purchased a 1968 Cessna aircraft for $27,000 which was financed by Walker Bank & Trust Company. One of the owners (Dyson...

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