Dairyland Insurance Company v. State Farm

Dairyland Insurance Company brought this declaratory judgment action against State Farm Automobile Insurance Company in Utahs Second District Court to determine insurer liability. State Farm appeals the trial courts partial denial of its cross-motion for summary judgment against co-defendants Ed and Sheila Anopol (the "Anopols"), their son Edward Anopol, Jr. ("Edward Jr."), and a third party, Fetuao Kelsall. The sole issue on appeal is whether the trial court erred in deciding that a household relative who has been properly excluded from a primary insureds automobile insurance policy pursuant to Utah Code Ann. 31A-22-303(7) can nevertheless be a permissive user of the insured automobile and thus entitled to coverage pursuant to Utah Code Ann. 31A-22-303(1)(b)(i). We reverse.