MOODY v. EMPIRE LIFE INS. CO. OF AMERICA

No. 5136.

570 S.W.2d 450 (1978)

Shearn MOODY, Jr., Appellant, v. EMPIRE LIFE INSURANCE COMPANY OF AMERICA et al., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied September 21, 1978.


Attorney(s) appearing for the Case

Ronald E. Holub, Newman, Shook & Newman, Dallas, Frederick J. Lawson, Galveston, for appellant.

Thomas M. Pollan, Asst. Atty. Gen., Shannon H. Ratliff, McGinnis, Lochridge & Kilgore, James R. Irion, III, State Board of Ins., Austin, for appellees.


McCLOUD, Chief Justice.

At issue in the trial court was the validity of an assignment of the right to receive a portion of the "death proceeds" payable under three "term" life insurance policies. The total amount payable under the policies upon death of the insured was $12,000,000. Shearn Moody, Jr., the insured, the Receiver of Empire Life Insurance Company of America, the owner and beneficiary of the policies, and Protective Life Insurance Company, the assignee...

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