Diamond T. Utah, Inc. v. Canal Insurance Company

CALLISTER, Justice.

Plaintiff, Diamond T Utah, Inc., commenced an action against Canal Insurance Company under a physical damage insurance policy. Canal filed a third-party complaint against Underwriters at Lloyds, London, 1 seeking to hold the latter liable, under the terms of a reinsurance certificate, for 75 per cent of its liability, if any, to plaintiff. By agreement of the parties, the lower court provided in its pretrial order that the issue of Canal’s liability would be tried first, and, if resolved against Canal, then the issue of liability of Lloyds would be tried, otherwise not.

The…