Utah Farm Bureau Insurance Co. v. Utah Insurance Guaranty Ass'n

MAUGHAN, Justice:

Before us is a judgment declaring the Utah Insurance Guaranty Association Act unconstitutional. We reverse, and declare the Act constitutional. Costs to defendant.

Plaintiff, an insurance company, brought a declaratory judgment action against defendant. Defendant is a legislatively created, nonprofit, unincorporated, legal entity. The action challenged the constitutionality of the Utah Insurance Guaranty Association Act, Chapter 40, Title 31, U.C.A.1953, as enacted 1971. Both parties moved for summary judgment, which was granted to plaintiff, and defendant appeals.

The trial…