Derbidge v. Mutual Protective Insurance Co.

OPINION

ORME, Judge:

Plaintiff C. Stan Derbidge appeals the trial court’s dismissal, on summary judgment, of his complaint for breach of contract filed against Mutual Protective Insurance Company (MPIC). We reverse and remand, concluding MPIC has not shown that, as a matter of law, the insured’s misstatement qualified as a “misrepresentation” under Utah Code Ann. § 31A-21-105(2) (1994).

FACTS

In June 1989, Esma S. Seymour met with an MPIC representative to apply for long-term care insurance. In its application form, MPIC inquired about Ms. Seymour’s medical history. Specifically, MPIC asked…