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ESTATE OF BERKEMEIR v. HARTFORD INS. CO.

No. 20030321.

106 P.3d 700 (2004)

2004 UT 104

ESTATE OF Dorothy BERKEMEIR, by and through its executor, Karen NIELSEN, Plaintiff and Respondent, v. HARTFORD INSURANCE COMPANY OF THE MIDWEST, Defendant and Petitioner.

Supreme Court of Utah.

December 14, 2004.

Attorney(s) appearing for the Case

Mark A. Larsen, Lisa C. Rico, Stacy McNeill, Salt Lake City, for plaintiff.

Mark L. Anderson, Karra J. Porter, Salt Lake City, for defendant.

PARRISH, Justice:

¶ 1 In this case, we are asked to address the scope of section 78-11-12 of the Utah Code (the "Survival Statute"). Under certain circumstances, the Survival Statute limits the damages recoverable in personal injury actions. We must determine whether the Survival Statute applies to a claim for underinsured motorist benefits brought pursuant to an insurance policy. The court of appeals held that it did...

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