LDS Hospital, a Division of Intermountain Health Care, Inc. v. Capitol Life Insurance Co.

HALL, Chief Justice:

Plaintiffs LDS Hospital and Inter-Mountain Clinic (“Hospitals”) appeal a trial court order denying Hospitals’ motion for summary judgment and granting defendant *858Capitol Life Insurance Company’s (“Capitol”) motion for no cause of action in regard to its liability under an accident insurance contract. We reverse.

The facts are not in dispute. In October 1981, defendant Joel Miller (“Miller”), while driving intoxicated, struck a vehicle driven by Robert Heinz. The accident was a head-on collision. Heinz died approximately five minutes after the accident occurred, while Miller…