Continental Insurance Co. v. Kingston

OPINION

ORME, Judge:

¶ 1 Joseph O. Kingston and D.U. Company, Inc. appeal the trial court’s grant of summary judgment in favor of Continental Insurance Company premised on a theory of misrepresentation in an insurance application. We conclude the insurance company waived any right it had to rescind the policy and reverse the summary judgment.

BACKGROUND

¶2 Except as otherwise noted, the key facts are not in dispute and may be summarized as follows. Joseph O. Kingston bought a home built in the 1800s in Bountiful, Utah, from D.U. Company, Inc. (DUC). Kingston subsequently applied for automobile…