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EQUICO LESSORS v. METROPOLITAN LIFE INS. CO.

Docket No. 14175.

88 Cal.App.3d Supp. 6 (1978)

151 Cal. Rptr. 618

EQUICO LESSORS, INC., Plaintiff and Appellant, v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant and Respondent.

Court of Appeals of California, Appellate Department, Superior Court, Los Angeles.

November 30, 1978.

Attorney(s) appearing for the Case

COUNSEL

Richard P. Hemar and Samuel W. Gordon for Plaintiff and Appellant.

Adams, Duque & Hazeltine, William F. Davis and Jonathan S. Morse for Defendant and Respondent.

OPINION

COLE, P.J.

(1) This appeal presents a question of first impression in California: May the creditor of an insured execute upon the cash surrender value of life insurance policies by garnishing the insurer where the insured has not exercised his option to surrender the policy? We hold that execution does not lie.

Appellant, Equico Lessors, Inc., a judgment...

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