PRUDENTIAL INSURANCE CO. OF AMERICA v. JOHNSON

No. 11159.

448 P.2d 722 (1968)

22 Utah 2d 66

The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Plaintiff and Appellant, v. Opal JOHNSON, individually and as Administratrix of the Estate of Clyde W. Johnson, Deceased, Defendant and Respondent.

Supreme Court of Utah.

December 13, 1968.


Attorney(s) appearing for the Case

Van Cott, Bagley, Cornwall & McCarthy, Grant Macfarlane, Jr., Salt Lake City, for plaintiff and appellant.

Heber Grant Ivins, American Fork, for defendant and respondent.


ELLETT, Justice:

The appellant, hereinafter called Insurance Company, brought this suit to cancel a policy after the death of the insured. The respondent as beneficiary counter-claimed for the benefits under the policy, at trial the court, sitting without a jury, dismissed the complaint and awarded Opal Johnson, the respondent, judgment on her counterclaim.

There is no dispute as to the facts of the case except as to whether the insured intended to defraud...

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