Mellor v. Wasatch Crest Mutual Insurance
2012 UT 24
| Utah | 2012Background
- Mellor appeals a district court order denying summary judgment and staying proceedings; liquidator seeks dismissal for lack of final judgment.
- Hayden Williams, Mellor’s son, sustained severe injuries in Aug 2001; Mellor sought Medicaid and COBRA-related medical expense recovery.
- At injury time, Williams was COBRA-insured by Wasatch Crest; Mellor stopped COBRA premium payments in Nov 2001, terminating coverage.
- Wasatch Crest initially covered costs but later denied based on Medicaid retroactive eligibility; it sought reimbursement from medical providers.
- Wasatch Crest was declared insolvent in July 2008; Mellor filed a claim in liquidation (Nov 2003); liquidator denied under plan terms; court proceedings followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is from a final judgment or an exception applies | Mellor argues for review on merits for judicial economy. | Liquidator contends the order is non-final and no exception applies. | We lack jurisdiction; dismissal. |
Key Cases Cited
- Kennedy v. New Era Indus., Inc., 600 P.2d 534 (Utah 1979) (final judgment rule governs appealability)
- Powell v. Cannon, 179 P.3d 799 (2008 UT 19) (recognizes exceptions to final judgment rule)
- Loffredo v. Holt, 37 P.3d 1070 (2001 UT 97) (endorses final judgment rule viability)
- Drury v. Lunceford, 415 P.2d 662 (Utah 1966) (supports regularity of procedure and finality)