Posts Categorized: Motions & Appeals

UIM Coverage Under Automobile & Umbrella Policy

UIM coverage

February 2015 Kingston v. State Farm http://www.utcourts.gov/opinions/appopin/kingston150205.pdf The Court of Appeals affirms the district court’s grant of summary judgment to State Farm on a question of UIM coverage under an automobile policy and a separate umbrella policy. The substitution of a vehicle and an automatic renewal of a policy do not constitute “new policies” which… Read more »

Lien Foreclosure Action Reversed-Construction Industry Appeal

lien foreclosure law

Zack Peterson February 2015 Pentalon v. Rymark http://www.utcourts.gov/opinions/appopin/pentalon150205.pdf The Court of Appeals reversed the district court’s grant of summary judgment in favor of the lender in a mechanics’ lien foreclosure action.  The district court ruled that excavations for footings and foundations were not sufficient improvements to constitute commencement of work under the 2008 version of… Read more »

Petitions for Writ of Certiorari – Utah Court of Appeals

Zack Peterson August 2014, Updated September 2014 In any given year, the Utah Court of Appeals issues in excess of 300 published decisions and this number is often close to, if not in excess of, 400 opinions. This means that 200 parties in a given year leave Utah’s intermediate appellate court with a feeling of… Read more »

Same Sex Marriage – SCOTUS Watch is On

September 30, 2014 U.S. Supreme Court Justices began private meetings yesterday, September 29, 2014, and the Justices could decide whether to take up the issue of same sex marriage rulings from 4 federal appellate court decisions.  Currently, 36 states have laws allowing or prohibiting same sex marriage.  Same sex marriages are allowed in 19 states… Read more »