Case Summaries

• Publication year: 1998
• Pages: 54
• Citation: Vol. 11 No. 6 Pg. 54

Case Summaries Vol. 11 No. 6 Pg. 54 Utah Bar Journal August, 1998

J. Craig Smith, J.

First American Title Ins. Co. v. J. B. Ranch, Inc., 343 Utah Adv. Rep. 6 (May 12,1998)

J. B. Ranch had sought reimbursement from its title insurer for $279,878 in attorneys fees expended in defending a claim that certain roads through the ranch were public roads. The Ranch's title insurer, First American, declined coverage, and brought a declaratory judgment action that it had no duty to provide coverage. In affirming Summary Judgment, the Utah Supreme Court held that absent ambiguity, an insurance policy is construed according to its plain meaning. In rejecting the Ranch's claim that road ways on file in the County Clerk's office were public records, triggering coverage under the title policy, the Court also limited the scope of public records to those on file in the County Recorder's office.

Hall v. Walmart Stores, Inc., 343 Utah Adv. Rep. 18 (May 12,1998)

In affirming an award of $25,000 of punitive damages, the Utah Supreme Court held that punitive damages could be awarded without evidence of the relative wealth of Walmart. The Court distinguished this case from a number of previous holdings where relative wealth was held to be a necessary element where the amount of the punitive damage award was challenged. However, if the amount of the award is attacked as excessive, relative wealth would be a necessary factor. Justice Russon dissented and Justice Howe concurred in the dissent.

Meadowbrook, LLC v. Flower, 343 Utah Adv. Rep. 27 (May 19, 1998)

After successfully defending an eviction suit, defendants sought attorneys fees under the lease after the jury verdict, but before entry of judgment. Defendants had not preserved any claim for attorneys fees prior to the jury verdict. The trial court denied attorneys fees on the grounds that the request was untimely. The Utah Supreme Court reversed, holding that attorneys fees could be sought up to the entry of judgment. However, the prevailing party must be prepared to present evidence of attorneys fees at the Court's convenience and better practice would be to preserve the attorneys fee claim prior to resting...