Legal Opinion · Dissent

Harris v. Albrecht

Court of Appeals of Utah

Decided April 11, 2002No. 20001045-CAPublished

1DissentDavis, Judge

{31 Because there was no agreement between the parties sufficiently specific to create either a contract to procure insurance or a duty to do so, I must dissent. See 3 Lee R. Russ & Thomas F. Segalla, Couch on Insurance §§ 46.65 at 46-96, 46.68 at 46-99 (3d ed.1996); see also Riddle-Duckworth, Inc. v. Sullivan, 253 S.C. 411, 171 S.E.2d 486, 491 (1969) (stating burden is on plaintiff to demonstrate "with reasonable certainty the terms and conditions of the agreement" to procure insurance, and for a valid contract to procure, there must be "sufficient information provided upon which to procure…

2Cases cited13 opinions

  1. Ferree v. StateUtah Supreme Court · 1989
  2. Stockberger v. Meridian Mutual InsuranceIndiana Court of Appeals · 1979
  3. Nunley v. Westates Casing Services, Inc.Utah Supreme Court · 1999
  4. Weber, by and Through Weber v. SpringvilleUtah Supreme Court · 1986
  5. Riddle-Duckworth, Inc. v. SullivanSupreme Court of South Carolina · 1969

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