Burke Scores Victory at Utah Supreme Court
September 17, 2009
The Utah Supreme Court has issued a favorable decision that is likely to bring closure to an extended legal battle. RQN Shareholder, Paul C. Burke, was appointed nearly eight years ago by the Third District Court for the State of Utah to represent the interests of G. Gregory Drezga, a doctor who had practiced in Tooele before vanishing. Following his disappearance and the filing of a malpractice suit against him, Dr. Drezga’s insurer filed a declaratory judgment case against the missing doctor in hopes of invalidating his professional liability policy.
Mr. Burke represented Dr. Drezga’s interests and argued the case before the Utah Supreme Court in May 2009. On September 15, 2009, the Utah Supreme Court issued its unanimous decision. The ruling, which was written by Chief Justice Christine Durham, affirmed that Dr. Drezga’s insurance policy could not be retroactively rescinded by the insurance company. The Utah Supreme Court also held that the insurer was liabile to pay the cost of attorneys’ fees incurred by the Firm in successfully defending Dr. Drezga’s interests.
A copy of the decision is available here: http://www.utcourts.gov/opinions/supopin/Drezga091509.pdf
The Salt Lake Tribune ran an article on the case, which is available here: http://www.sltrib.com/news/ci_13351581