Buckley v. Orem

SWANSTROM, Judge.

In this appeal we are asked to determine how much an insurance company must pay under its liability policy where its insured caused bodily injuries to both a husband and his wife, but the “lump sum” verdict in favor of the couple did not specify the amount of damages awarded for each spouse and the husband’s damages alone could have exceeded the $100,000 “per person” limit of the policy. The district court held that an insurance company must intervene in the action against its insured to timely seek apportionment of damages for each spouse if the company desires…