Shelter America Corp. v. Ohio Casualty & Insurance Co.

AMENDED OPINION

BENCH, Judge:

Plaintiff appeals and defendant cross appeals a trial court’s order granting summary judgment in favor of plaintiff but limiting plaintiff’s recovery. We affirm the summary judgment but remand for modification of the amount of the judgment.

Dewey and Bob’s Mobile Homes (“Dewey and Bob’s”) applied to defendant Ohio Casualty and Insurance Company for a motor vehicle dealer’s bond pursuant to Utah Code Ann. § 41-3-16(1) (1981). Defendant issued a bond with an effective date of December 12, 1977. The pertinent language of the bond reads as follows:

[Ohio Casualty and…