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TRAVELERS INSURANCE COMPANY v. JOHNSON

No. 11797.

544 P.2d 294 (1975)

97 Idaho 336

The TRAVELERS INSURANCE COMPANY, Plaintiff-Respondent, v. Viola Lydia JOHNSON, Defendant, Cross-Complainant, Cross-Defendant-Appellant, v. Cora HATCH, Defendant, Cross-Defendant, Cross-Complainant and Respondent.

Supreme Court of Idaho.

Rehearing Denied January 29, 1976.

Attorney(s) appearing for the Case

J.D. Hancock, Smith & Hancock, Rexburg, for appellant.

Wesley F. Merrill, Merrill & Merrill, Pocatello, for respondent, Travelers Insurance.

Callis A. Caldwell, Johnson & Olson, Pocatello, for respondent, Cora Hatch.

SHEPARD, Justice.

This is an appeal from a judgment which apportioned the proceeds of a group term life insurance policy between the widow of the decedent-insured and the named beneficiary of the policy, who was a former wife of decedent. Proceeds were divided on the basis of the time each had an insurable interest in the life of the decedent. We reverse and remand.

Elmer Hatch, the decedent, and Viola Hatch (now Johnson) were married for 11 years and 3 children...

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