Legal Opinion
MacHan v. Unum Life Insurance Co. of America
Utah Supreme Court
Decided June 17, 2005No. 20030789PublishedCited by 18 opinions
1Opinion of the Court
DURHAM, Chief Justice:
¶ 1 In this opinion we address two insurance law questions certified to us by the United States District Court for the District of Utah. The first question concerns the availability and scope of consequential damages in a first-party claim for breach of the express terms of an insurance contract. The second question asks whether an insured has a private right of action to enforce Utah Code section 31A-26-301, which requires timely payment of claims.
BACKGROUND
¶2 The underlying dispute in the case before the federal district court involves claims for both breach of the…
2Cases cited14 opinions
- Cort v. AshSupreme Court of the United States · 1975
- Rawlings v. ApodacaArizona Supreme Court · 1986
- Kewin v. Massachusetts Mutual Life Insurance CompanyMichigan Supreme Court · 1980
- Beck v. Farmers Insurance ExchangeUtah Supreme Court · 1985
- Noble v. National American Life InsuranceArizona Supreme Court · 1981
9 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Saleh v. Farmers Insurance ExchangeUtah Supreme Court · 2006
- In Re Wal-Mart Wage & Hour Employment Practices LitigationDistrict Court, D. Nevada · 2007
- Blakely v. USAA Casualty InsuranceCourt of Appeals for the Tenth Circuit · 2011
- Bleazard v. City of ErdaUtah Supreme Court · 2024
- Hess v. JohnstonCourt of Appeals of Utah · 2007
13 more not listed; retrieve them via the Exa API.