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Appeals court hears dispute over insurer’s Utah declaratory judgment and third‑party intervention in Prime v. Dyer
Summary
The Court of Appeals reviewed whether a wrongful‑death claimant may intervene in an insurer’s Utah declaratory judgment action over policy coverage and whether the district court properly denied intervention and a Rule 60(b) challenge to the judgment; counsel debated ripeness, statutory and rule‑based party rights, and federal MCS‑90 obligations.
The Utah Court of Appeals heard oral argument in Prime Insurance Co. v. Dyer over whether Michelle Dyer, a wrongful‑death claimant, should have been allowed to intervene in Prime’s Utah declaratory‑judgment action about coverage for a vehicle crash and whether a subsequent Rule 60(b) motion to set aside the declaratory judgment could be considered.
Cassandra Dunn, appearing for Michelle Dyer, told the panel that “we are here today because miss Dyer's personal pecuniary interest in the collection of her full verdict for the wrongful death of her daughter, Ashley Fulham, has been substantially and irreparably harmed by Prime's improper use of Utah's declaratory judgment act,” arguing that…
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