Legal Opinion

Ctr. for Excellence in Higher Educ., Inc. v. Rsui Indem. Co.

District Court, D. Utah

Decided March 22, 2019No. Case No. 2:17-cv-01329PublishedCited by 5 opinions

1Opinion of the Court

ROBERT J. SHELBY, United States Chief District Judge *1220This case presents the question whether Defendant RSUI Indemnity Company (RSUI) has a duty to defend Plaintiffs Center for Excellence in Higher Education (CEHE) and Carl Barney in a pending lawsuit. Plaintiffs were insured under a Directors and Officers Liability Policy (the Policy) provided by RSUI. The coverage period ran from December 31, 2012 through December 31, 2015,1 during which Plaintiffs were sued in a qui tam action. RSUI, however, denies it has a duty to defend under the terms of the Policy. Before the court are cross motions…

2Cases cited22 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Waller v. Truck Insurance Exchange, Inc.California Supreme Court · 1995
  3. Buell Cabinet Co. v. SudduthCourt of Appeals for the Tenth Circuit · 1979
  4. Prince v. Bear River Mutual Insurance Co.Utah Supreme Court · 2002
  5. Zions First National Bank, N.A. v. National American Title Insurance Co.Utah Supreme Court · 1988

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3Cited by5 opinions

  1. Bello v. Liberty Mutual Insurance CompanyDistrict Court, D. Utah · 2025
  2. Invictus Unlimited v. Federal Insurance CompanyDistrict Court, D. New Mexico · 2025
  3. PRIME INSURANCE COMPANY, INC. v. MEDICAB TRANSPORTATION, LLC, JASON RHODES, and DALE JOHNSONDistrict Court, M.D. Florida · 2026
  4. PRIME INSURANCE COMPANY, INC. v. MEDICAB TRANSPORTATION, LLC, JASON RHODES, and DALE JOHNSON; PRIME INSURANCE COMPANY, INC. v. PRIME PROPERTY & CASUALTY INSURANCE, INC.District Court, M.D. Florida · 2026
  5. State National Insurance Company v. ProSkyDistrict Court, D. Utah · 2025

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