Horton v. Gem State Mutual of Utah

GARFF, Judge:

Gem State Mutual of Utah (Gem State) appeals from a judgment rendered by the trial court in a non-jury trial. We note at the outset that the record does not contain a transcript of the proceedings. We affirm in part and reverse in part.

A brief overview of the facts shows that, in December of 1983, Horton sustained serious injuries in an automobile accident which ultimately resulted in debilitating, chronic pain. Horton later took a teaching position at a violin-making school owned by Peter Paul Prier.

Prier contracted with Gem State for a group health insurance policy for his…