Paul Simmons & Alan Mortensen prevail in Fire Insurance Exchange v. Brady Blackner et al.

20 August 2012 Published in News

Paul Simmons and Alan Mortensen prevailed in the recent case of Fire Insurance Exchange v. Brady Blackner et al., decided by the Utah Court of Appeals on August 16, 2012. 

  

Mr. Simmons, Dewsnup, King & Olsen's appellate specialist, presented oral argument to the Court and the Court sided with his arguments. The decision by the Utah Court of Appeals results in a finding of insurance coverage for a personal water craft accident at Lake Powell, where Mr. Mortensen's client was significantly injured. The Court ruled that the term "Jet Ski" did not always refer to the more comprehensive term "personal water craft" and thus there was an ambiguity in the insurance policy resulting in coverage.

Of further interest, the Utah Court of Appeals discussed, in a concurring opinion, the proper use of Wikipedia in legal arguments. To date, it is the most detailed discussion of Wikipedia by a Utah Appellate Court and one of the most extensive appellate court discussions on the subject in the entire United States.

A copy of the opinion in its entirety can be found at: http://www.utcourts.gov/opinions/appopin/fire_insurance081612.pdf