District Court Denied Plaintiffs Their 'Day in Court' for Extra-Contractual Claims Including Physical Illnesses Caused by Molds, Utah Supreme Court Rules

SALT LAKE CITY - In an opinion filed Jan. 11, the Supreme Court of Utah reversed and remanded a lower court ruling that denied the plaintiffs' opportunity for their 'day in court' against their home insurer with respect to extra-contractual claims stemming from water and mold damage. Paul Miller and Kathy Miller, Plaintiffs and Appellants, v. USAA Casualty Insurance Company and Kenneth Riddle, Defendants and Appellees, No. 20000268 (Utah Sup. Ct.).

In coming to its decision, the Supreme Court ruled that it did have jurisdiction to hear the appeal and concluded that the lower courts had improperly dismissed the extra-contractual …