Anderson v. State Farm Fire & Casualty Co. ( 1978 )

CROCKETT, Justice

(concurring with comments).

I concur, but add the following supporting comments. Inasmuch as the defendant insurance company did not deny the plaintiff’s claim, but engaged in negotiations pursuant to which the plaintiff could reasonably believe that a settlement would be forthcoming; and this continued until after the one-year covenant in the contract had expired, the defendant should be estopped from asserting the covenant under the principles stated in the case of Rice v. Granite School District, 23 Utah 2d 22, 456 P.2d 159 (1969).

Regarding the plaintiff’s opinion as to the value of his stolen property, this is to be said. The rule often stated that he may do so is based upon the assumption that the owner ordinarily would have some knowledge of the value of his property that it would have some probative value worthy of consideration. However, that rule is subject to the limitation that if it appears that the owner does not have any realistic idea as to the worth of the property in question, his testimony should not be admitted; and in any event, the fact trier is not bound to accept it. See discussion in Utah State Road Commission v. Johnson et. al., Utah, 550 P.2d 216 (1976) and authorities cited therein; Utah State Road Commission v. Steele Ranch, Utah, 533 P.2d 888 (1975).