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ANDREW v. IDEAL NATIONAL INSURANCE COMPANY

Nos. 13040 and 13166.

509 P.2d 367 (1973)

29 Utah 2d 343

Merlin L. ANDREW et al., Plaintiffs and Appellants, v. IDEAL NATIONAL INSURANCE COMPANY, Defendant and Respondent. Joyce Cordner OLPIN and LeRoy M. Richman, for themselves and for and on behalf of all other persons similarly situated, Plaintiffs and Appellants, v. IDEAL NATIONAL INSURANCE COMPANY et al., Defendants and Respondents.

Supreme Court of Utah.

April 24, 1973.

Attorney(s) appearing for the Case

Lon Rodney Kump, Parker M. Nielson, Joel M. Allred, Glen M. Richman, Salt Lake City, for plaintiffs and appellants.

John S. Boyden, David K. Watkiss, Salt Lake City, for defendants and respondents.

HENRIOD, Justice:

Appeal from a summary judgment dismissing plaintiffs' class action with respect to rights under a Bonus Fund endorsement on a life insurance policy. Reversed, with costs to plaintiffs.

In 1960, about 12 years after issuance of the policies subject of this litigation, the defendant merged with another company, acquiring its assets and assuming its liabilities under policies it had written, including those considered here, which were written...

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