Wilson v Educators Mutual Insurance Association

Association sought review of the Utah Court of Appeals decision that it lacked standing to bring a subrogation suit in its own name. The Court reversed. It held that Utah Code 31A-21-108 codifies common law equitable subrogation and requires the insurance company in question to fully compensate its insured before seeking subrogation, the Court’s Johnson precedent does not eliminate the right of insurance companies to contract for grater subrogation rights and the Court of Appeals erred in reading the precedent otherwise and the contract here includes a broad subrogation clause waiving the full compensation requirement and Wilson’s and Association’s separate claims here were consolidated which eliminate the downsides of claim splitting. The case was remanded to consider other maters raised in the appeal.

MAA Prospector Motor lodge, LLC v Palmer

Palmer appealed summary judgment to MAA in its quiet title action and an award of attorney fees. The Court affirmed. It held that Palmer failed to either get a stay of foreclosure sale in a related case or file a lis pendis and mere knowledge of the appeal in the other case did not crate rights in Palmer to set aside MAA’s purchase of the real estate in question. It affirmed the attorney fee award as Court precedent holds that an original loan agreement authorizing fee in disputes about the real property authorizes attorney fee awards to a third party in a dispute about the same property with one of the parties to the loan agreement and Palmer failed to demonstrate that precedent should be overruled.