Surety Life Insurance Co. v. Smith

DURHAM, Justice:

Defendants H. Fred Smith, Robert S. Ha-lander, and Ronald W. Smith (collectively the “Smiths”) appeal the trial court’s grant of summary judgment in favor of plaintiffs Surety Life Insurance Company and its successor in interest Allstate Life Insurance Company (collectively “Surety”). The Smiths claim that the trial court misconstrued section 57-1-32 of the Utah Code in granting summary judgment and that as guarantors they were protected by the statute. We agree and reverse.

The Smiths are the general partners of a general partnership, Smith, Halander, Smith & Associates…