Show B The Salt Lake Tribune Suntla September 1989 21 Judge Rules for UP&I In VI 'berg Mine insurance Argument By Dawn Tribune Staff Writer A federal judge has rejected an- other argument advanced by four in- surance companies refusing to reimburse Utah Power & Light Co for its $22 million settlement with heirs of miners killed in the Wilberg Mine 1: S District Judge David Sam ruled UP&L did not pay heirs punilite damages imposed as a punishment for wrongdoing when the utili ty settled with survivors of 27 people who died in the 1984 mine fire Because punitive damages werent covered by the policies insurance carriers wouldn't have to reimburse UP&L for money paid to survivors i rom punitive damage awards Judge Sams ruling does not re- solve the insurance dispute sched- tiled for trial in February 1990 But it does remove still another line of debate about who ultimately pays survivors settlement An rt larch 1987 in the heirs resolved wrongful death lawsuit against UP&L the mine owner The utility paid survivors $119 million up front and will provide another $IO million in future payments Four insurance companies provid- ed liability coverage for Emery Min- ing Corp which operated the mine for the utility at the time of the fire Since the settlement with the survivors the companies have advanced a number of arguments in an attempt to be exempted from repaying the utility Earlier the four insurance comparues argued they shouldnt have to reimburse UP&L because they didn't participate in the settlement and payments to survivors -were ex- eessive and unreasonableJudge Sam ruled last May the car tiers had ample opportunity to challenge the settlement before it was finalized but they had not Nor had they shown the utility acted unrea sonably or in bad faith The lawsuits revolve around coin- plex liability policies that covered the Wilberg Mine at the time of the fire totaling $50 5 million in insurance coverage Federal Insurance Co was responsible for the first $500000 liability The next $10 million was provided by International Insurance Compafly Twin City Fire Insurance and multi-layere- - ' 'ot Lake donate will County to finish Utah's Vietnam Era War Me- mortal it was decided al a commis- sion staff meeting The $300000 memorial with an a tall bronze statue and names engraved on black granite will he 'Lek led ' Alt Dig the west lawn of dedicated the state capitol commissioners were told earlier Citizens donations have provided much of the money raised so far ex plained Terry Schow of the Vietnam Era Veterans Memorial Committee which requested the contribution Oct 14 on s T- V' ' ' '''' ' 4 4er' 't A '''''' 2:4 otti f"'t y ?' ' 1' N - i"- ) : 4'' ' V:k - ‘ "::' ' ' ‘4 WI' 46 :"Ai i' I''!"7: V 40fi'riet" -- ti ? - 5 I - ::: ": " " ": 0 -- t :' r " - 0 - - -- 4i: 5 - - ' :?ai "'''' - - '"':"'-:- -: lic: :: °Kr:'':::'-LA44''- ' ''''' 4 e 5'5:tH'4''-::'::''''- ' ''''''' ' ' Utahn Top Honor 5:45 P 6:30 P 6:30 P 7:15 P 7:15 P 1000 P 1000 P Wednesday 8:00 A 8:45 A 9:30 A 12:15 P Wednesday 5115 P 6:30 P 7:15 P 101k1 P Thursday 5:45 P 6:30 P 7:15 P 10:00 P Friday Friday 8:00 A 8:45 A 9:30 A 12:15 P 5:45 P 630 P Saturday Sunday Sunday 5:45 P 6:30 P 7:15 P 7:15 P 8:00 A 8:45 A 9:30 A 10:00 P 12:15 P 5:45 P 6:30 P 7:15 P :10:00 P IIIIP 0 sulct Vh!'titl 1S MORMS MR SERVICE - :" - - - ::-:- ' — ' '''1' :44- '- ' ' ''''''''''''''''''''''''''''''''''''''''''''''''''''''''''' :': -' ''I:ro44''- "'-A- Stop Photo by Rick Egon meteorologist William Alder tropical moisture will bring clouds by Tuesday and some widely scattered showers statewide by Wednesday 0 o001 lb Oa The crowd enjoyed bluegrass music and a race between members of Morgan and Weber Counties' Mount- A connecting road is expected to be built in the future connecting Trappers Loop to Snow Basin ski resort Dignitaries at the ceremony included Gov Norm Bangerter Weber and Morgan county commissioners and legislators Members of the Utah Department of Transportation also attended two-mil- e ed Sheriffs Posse with Weber County coming in first About midway through the ceremony the crowd started to dwindle as many left the area during politicians' speeches Daylong activities included a mountain man rendezvous and an Indian village powwow Holy Cross Center Sets Fitness Classes fered are T'ai Chi a lecture series for people 55 years of age and older a course in Cardin Pulmonary Resuscitation and a class called -- Defusing Stress Overload" The Health Education and Wellness Center was established in 1980 establishing Holy Cross Hospital as a total health resource center Fees range from $1 a visit for "Wellderly aerobics" to $40 for a session in T'ai ('hi Health assessments and fitness classes are being offered this fall at the Health Education and Wellness Center at Holy Cross Hospital Fitness evaluations including a cardiopulmonary profile and body fat percentage analysis are offered throughout the coming months Exercise classes include "Weight Reduction for Health Living" several levels of aerobics cross training and l exercise Also of pre- - and post-nata- :1 ORIEg El ill - Do 0 0 Do 4 it 2t8 8 0 0 t g FABRIC NOTIONS 0 4 di 3 0 CI 0 - 0 - ' (30 ' 3 ' t' ::::::1: Ar 1' ? :K t lot14?:n''''4:" lic:' e"' t v i:'' 'A ?tt 4 "-- - - 1 4 i : " - : ' 7 H 0 9 ONE OF A KIND ITEMS POTS OF ALL RINDS L - : ' - 01171 ti WICKER ALL SIZES ni 'VASES 0 CERAMICS 0 BRASS AND MORE! 4 BIG DAYS! 8 SEPTEMBER eg 27 28 29 30 2-- -- : 1 '::: r 4 ti ' "! f ' i :1'"0x ' Iv! 1 :: 'Ark i prforør 2 ii 4 4144''' s4 4: :4 ' '''1 7'1::' ‘of'41'es- tt - :::::::: s t li :' ? S - r :: 1 some - J) 4 st P1111-1(VLE'- :'::::::: ':': - ifri : ! t t M ' :::' :i: s WAREHOVSE SALE t ::: :1 :':::-4-- ':: ::: ::' 4: soifr EIHURRYAMITICASTMEEKillitt ':::": ::"':: licIn '' OFF :4 :: :1'Pgj' :11 k:: 1 1 — e!:C: AND MORE! 1 - :::::-:'1::- ' :4' to0 - ::44:14 ' OFF will65SiniptokrAvittr!--3SLCOnlya- ll Restncti(m Apply i T 111 V-I- r via ithAitsw suoAttflouse I NO n Cii la 1017001 a 0 0 a a foi 0 0 1T sALE 00 ALL to 4fosi efs'o - NVeather said 95-mil- c oo 10700 P All charter flights via Braniff Airlines and are the terms of the Operator Participant Contract ''":'Oikk ': :41' 5 ale' CLEARING COMPLETE INVENTORY! 260 Last Morns Ave 060 Last 2A30 South) salt Lake City Utah 8411C :1!4' ' " scoonopouttealrikeehilevA Ain iriiCloCinaorio 0 00 0 Fares from $59 - $89 each way based on round trip Add $1000 for one way No advance purchase required Other flights are added during peak times Schedules and fares subrct to change without notice 483-646- 4 - ' '' 't1:4":::0' '' err 00000000000000 timptmnyeutto INK IP V 0 Docio au ao 1 I LAX TO SIX 5:45 P ::1r':11-'A''': - at:?e $- Ahead Days National Service By Margaret Sowerby Tribune Corespondent MOUNTAIN GREEN Morgan County — Trappers Loop Highway e a connecting road between Mountain Green in Morgan County and Huntsville in Weber County was officially dedicated and opened Saturday Total cost of the highway was $14 million Amid a good spirited crowd including mountain men in full garb Pony Express riders on horseback and politicians in western hats the ceremony began and ended with the bang of a cannon The road has been seven decades in planning It was envisioned 70 years ago but due to the efforts of Dale Stratford in 1984 a former state senator from Weber County the road finally became a reality Stratford circumvented normal procedures in getting funding for the road by appealing directly to the Legislature The road is expected to attract skiers from the Salt Lake City area into the ski areas of Weber County especially Snow Basin non-prof- it Weekly Flights to Los Angeles 12:15 P ' ''':': :s::--zr40 !1'Z' W4Allek'''-e:"- - Rites Open Trappers Loop Highway Special to The Tribune SNOWBIRD — Frances Gay of Salt Lake City was named National Volunteer of the Year by the Medic Alert Foundation at a Snowbird dinner and symposium hosted by the organizations international board Mrs Gay has served as either chairman or of the organizations Utah Chapter for the past four years Before that she was actively involved with Medic Alert in New York The Medic Alert Foundation is a international organization serving more than 27 million people in 34 countries There are approximately 6000 members in Utah Mrs Gay was cited for spearheading Medic Alert Utah activities including: arranging for Medic Alert bracelets provided free to homeless people: working closely with healthcare professionals and corporate leaders to increase awareness of Medic Alert: overseeing committees which have taken Medic Alert information into schools health fairs and community conferences and MMNIRMIO 9:30 A I :'k:::7:' —Tribune No advance purcahse required 8:45 A 71'111''''ii '" IjD - " " ' (Add only S10 for one way) 8:00 A :: it'11!:' 40 -'i 'OA' si:::4'-':i:- D Fights Sunday Monday Wednesday Friday Depart - : Row )' Medic Alert Gives S14 Million Project Via Braniff Airlines Depart "41tta: s "2 Golfers like this pair at Rose Park Golf Course can look forward to a couple more days of sunshine and temperatures in the 80s Saturday's high at the airport reached 81 San Francisco Day Monday Monday Tuesday ' Se 1141"14''1-0F-4:4:lj::- 4465'!f:-vi'--17- 444 ‘4 :tf4 4-''' :' '' '''''17 More Above-Pa- r ALL At Thre ii 4- :'' f40-i " - :g '''40506$45351-"-- f4 ' "4 - ' Ft 1 ''''k!4' 1 :45y' 0e14' A Arrive -- t::5 ''' - : 4000k Each Way Based on LAX i4 'AlefAtriAr7f7- - I - 006000100rormomemmagega "" Round Trip (Add only SIO for one way) an additional 22 Southern California Otieq from just $69 each way SIX TO ' :Tviet40 - -4 A e'' No advance purchase required 11 ' w:iis'!—--t:- op 1 ti T 'fleE'W' :1' - - ' rr145410fC-'- 0- - E3 Based on Round Trip i:"::4:??::::: 4' ttc:i"'40: " AiS 0 atch Way ::: ' f40''' ''' ::r4eA4'1444Aitt0': 447 '''4:34Kf?: t1 - : 0- 1 ' ''' - Wii::Ltir'-':''1549141- :' 4 4L""-p----1 7s'z 4 :::4:: 4 - ': 17i Lo- tk''' 014 ' ' 2N: 14:! i T't'44:'::A'':1'3' ifs !Pr ' ' W414 :043yi t 'It:"1 !1-)e- yiii g'!0"S 4: 44t irri-4A- 1 S42r 5'n'"?:5eailiii'Qrs'''-- 5'' Ar "'"'''''' ' 2 -4 -- -- ' 141lc'I''-lif4- ' '''4' "'4?'"t- - IN 4 41P ' - ':4:' ?:: :1 00"-715- "'" V45'"rft :: ':: '': ieir-:-x'7--'-'- ' ki Nitt-44-- 1 :''''' :i ' 2 79 :tjtoll I " 74t e :: :i-- Los Angeles 0 From ' IT' N 44 AS- - :'041-::-:"::-- :'': P4'': x- leioei ' 44 '': :4:' ''''!' 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HE FREE! 147) '': ' - - ' ' ''' 't44:t '1'' ::1 - $g '0 c4 '1 ' A VV't i4:' 4 '''fi' :: Cell tor detail nus 4- 7' " ' '''' " to o Angele nd San TUMM Some restriction poi must be round sup with to) It flight t i it'"- high-profil- e cj '' e4 4 "' ': ::0-- "self-serving- " BUY D:)grV ' 4 i trc - 1 First State Insurance companies were liable for the next $20 million and Federal then provided an additional $20 million In the current lawsuit the insurance companies argued that punitive claims heirs initially made against LIM were sufficient to make a case against the utility Such claims were in force until the time of settlement with the survivors The carriers also presented evidence from two expert witnesses who argued that no more than $135 million of the total $22 million settlement could be allocated for compensatory damages paid for the loss of the deceased miners But Judge Sam ruled the carriers presented no intrinsic evidence the settlement included money for punitive damages and any trial on the issue would be nothing more than a battle of experts" The judge said UP&I notified all carriers of the settlement and requested they fund it Federal and International consented and the re maining insurers made no objections to the settlement until some time lat er Because the carriers hadn't objected at the time of the settlement to punitive damages — not covered by the policies — the carriers current arguments are he said Neither the utility nor the heirs had reason to include punitive damages in the settlement said Judge Sam The heirs would be taxed for punitive damages but not for compensatory awards And UM is a public utilities company that to avoid negative publicity and other repercussions would not agree out of court to pay punitive damages" he wrote The judge also rejected the carriers' argument that the survivors' agreement with UP&L releasing the utility from future claims was evidence of a punitive award Judge Sam said that while heirs gave up the right to pursue punitive damage claims the agreement 'did not grant the right to recover on them" On December 19 1987 an air compression with defective safety valves ignited a major fire that killed 27 miners and Emery Mining executives attempting to set a production record The insurance battle from the deaths is expected to go on for :'ears & 24g 0 '444:'-wI- 1 Salt :04Z:::'::' ::if' - Vietnam Vet Memorial to Receive 82 500 $2500 toward the $30000 needed it 1 44 ' viat31 q Ai- (rtlltr: - ' 2011 Noah Redwood Rocd Salt Lake City Utah I DOORS OPEN 800 KM AND CLOSE AT 51)0 PM HOURS: iv° popular onimote Shop Monday and Tuesday L 1ESEEZI Walt Disney's 321-638- 5 ' 41s 2699 classic will soon be yours to take home To reserve your COPY boll Or visit our video department on ThursdOV September 28 'oter 33 manufacturer's rebate 1 10-- 9 Wednesday y-7- 17 Ire11-- A 1 r 9--9 rIt A i |