Nationwide Property and Casualty Insurance Company v. Jimmy Mcfarland and Donald Mashewske - Supreme Court Of Utah

Nationwide Property and Casualty Insurance Company v. Jimmy Mcfarland and Donald Mashewske

By Supreme Court Of Utah

  • Release Date - Published: 1994-10-18
  • Book Genre: Law
  • Author: Supreme Court Of Utah
Our rating: 5/5 stars

Score: (From 0 Ratings)

Nationwide Property and Casualty Insurance Company v. Jimmy Mcfarland and Donald Mashewske Supreme Court Of Utah read online review & book description:

In this appeal, we must decide whether Nationwide Property and Casualty Insurance Company (Nationwide) has a duty to defend Donald Mashewske under an automobile insurance policy issued to Jimmy McFarland. In the trial court, Nationwide sought a declaration that Mashewske was not a "covered person" under the policy. McFarland counterclaimed against Nationwide seeking the opposite declaration. Nationwide and McFarland both filed motions for summary judgment. After a hearing, the trial court granted McFarlands motion and denied Nationwides. On appeal, Nationwide asserts two points of error (1) the trial court lacked subject-matter jurisdiction to grant McFarlands motion, and (2) the trial court erred in granting summary judgment for McFarland and denying Nationwides motion because (a) Mashewske was not a "covered person" under the policy, and (b) the policys "unauthorized use" exclusion deprived Mashewske of coverage under the policy. We conclude the trial court had subject-matter jurisdiction over McFarlands counterclaim. We further conclude that Mashewske was not a "covered person" under the policy. Thus, we reverse that portion of the trial courts order granting McFarland summary judgment on this point. We render judgment in favor of Nationwide on the coverage issue.

@2019 – Go Read a Book. All Right Reserved. goreadabook.org is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for website owners, to earn advertising fees by linking and advertising to amazon.com and any other website that may be affiliated with Amazon Service LLC Associates Program; As an Amazon Associate I earn from qualifying purchases.

Nationwide Property and Casualty Insurance Company v. Jimmy Mcfarland and Donald Mashewske book review Nationwide Property and Casualty Insurance Company v. Jimmy Mcfarland and Donald Mashewske ePUB; Supreme Court Of Utah; Law books.

Post a review about this book