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DAIRYLAND INS. CORP. v. SMITH

No. 17109.

646 P.2d 737 (1982)

DAIRYLAND INSURANCE CORP., Plaintiff and Respondent, v. Susan B. SMITH, Administratrix of the Estate of Jack Ellis, Patrick Hall, Robert Hall and Daniel F. Defriez, Defendants and Appellants.

Supreme Court of Utah.

May 11, 1982.

Attorney(s) appearing for the Case

David S. Cook, Bountiful, for defendants appellants.

Wendell D. Bennett, Salt Lake City, for plaintiff-respondent.

HOWE, Justice:

Defendants Patrick Hall and Robert Hall suffered serious injuries in an automobile accident which occurred when Jack Ellis, the owner and driver of an insured vehicle, collided with defendants Hall. Ellis was killed. The Halls appeal from a declaratory judgment adverse to them entered in an action brought by plaintiff Dairyland Insurance Corp. to void the automobile insurance policy of Ellis due to material misrepresentations by him.

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