HAYS v. FIDELITY INDUSTRIAL CREDIT CO. OF OGDEN

No. 14195.

549 P.2d 701 (1976)

Ellen HAYS, Plaintiff and Appellant, v. FIDELITY INDUSTRIAL CREDIT COMPANY OF OGDEN and North American Life and Casualty Company, an Insurance Corporation, Defendants and Respondents.

Supreme Court of Utah.

May 7, 1976.


Attorney(s) appearing for the Case

Pete N. Vlahos and David J. Knowlton, of Vlahos & Knowlton, Ogden, for plaintiff-appellant.

Allen H. Tibbals, of Tibbals & Staten, Salt Lake City, for No. Amer. Life.

Carl T. Smith and Donald J. Little, Ogden, for Fidelity Indus. Credit.


MAUGHAN, Justice:

Plaintiff, the widow of Marvin E. Hays, initiated this action to recover as beneficiary the face amount of a policy of insurance on the life of her deceased husband. The defendant insurer was granted a motion for summary judgment on the ground that decedent prior to his death had surrendered the policy for its cash value. Plaintiff appeals. We affirm the judgment of the trial court.

The questions here are, whether the insured was an offeree...

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