Legal Opinion

National Union Fire Ins. Co. v. Smaistrala

Court of Appeals of Utah

Decided August 30, 2018No. 20160401-CAPublished

1Opinion of the Court

MORTENSEN, Judge:

¶1 Michael W. Smaistrala found himself sucked into the vortex of Utah insurance subrogation law when his insurer, National Union Fire Insurance Company of Pittsburgh, PA (National Union), demanded that he return $127,000 that the company had paid out on his behalf. When the district court ruled as a matter of law that Smaistrala was indeed required to return the money because he had settled a lawsuit with a group of potential tortfeasors, Smaistrala filed an appeal in this court. Specifically, Smaistrala claims that the district court erred in concluding that he breached the…

2Cases cited18 opinions

  1. Orvis v. JohnsonUtah Supreme Court · 2008
  2. America West Bank Members L.C. v. StateUtah Supreme Court · 2014
  3. Sharon Steel Corp. v. Aetna Casualty & Surety Co.Utah Supreme Court · 1997
  4. Graves v. North Eastern Services, Inc.Utah Supreme Court · 2015
  5. State v. CloudUtah Supreme Court · 1986

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