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Travelers/Aetna Insurance Company v. Wilson6/27/2002 5, 1996, when the Travelers policy was issued, it is clear that the Wilsons were not residents of Utah. For instance, they were registered to vote in New York and were paying taxes there. They did not own property or rent property in Utah, nor did they have a mailing address in Utah. Therefore, their argument that Utah Code Ann. ยง 31A-21-101(1)(c) applies to the Travelers policy because they were "persons residing in [Utah] when the policy issued" fails.
In conclusion, because the Travelers policy does not fall within the scope of section 31A-21-101(1), Utah law that allows the stacking of SUM benefits does not apply. Thus, under Utah and New York law, the provision of the Wilsons' insurance policy prohibiting stacking of SUM benefits is enforceable. Therefore, we affirm the trial court's grant of summary judgment in favor of Travelers and the denial of the Wilsons' motion for summary judgment.
Judith M. Billings, Associate Presiding Judge
WE CONCUR:
Gregory K. Orme, Judge
William A. Thorne Jr., Judge
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