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LIFE INVESTORS INS. CO. v. CITIZENS NAT. BANK

No. 85-243.

392 N.W.2d 771 (1986)

223 Neb. 663

LIFE INVESTORS INSURANCE COMPANY OF AMERICA, a Foreign Corporation, Appellee, v. CITIZENS NATIONAL BANK OF WISNER, Nebraska, a Corporation, Defendant and Third-Party Plaintiff, Appellant and Appellee, Janice Gralheer, Personal Representative of the Estate of Merle A. Gralheer, Defendant and Third-Party Plaintiff, Appellee, United Life Insurance Company, Third-Party Defendant, Appellant and Appellee.

Supreme Court of Nebraska.

August 22, 1986.

Attorney(s) appearing for the Case

Edward F. Pohren and Robert V. Dwyer, Jr., of Dwyer, Pohren, Wood & Heavey, Omaha, for defendant and third-party plaintiff, appellant and appellee Citizens Nat. Bank.

Robert T. Grimit of Baylor, Evnen, Curtiss, Grimit & Witt, Lincoln, for third-party defendant, appellant and appellee United Life Ins. Co.

Daniel A. Fullner of Moyer, Moyer, Egley & Fullner, Madison, for appellee Life Investors Ins. Co.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

WHITE, Justice.

This is an action by the plaintiff-appellee, Life Investors Insurance Company (Life Investors), to recover an overpayment of insurance proceeds to the defendant-appellant, Citizens National Bank of Wisner (Citizens), and Janice Gralheer, personal representative of the estate of Merle Gralheer, under a policy of credit life insurance. A third-party action was filed by Citizens to obtain the benefits of a credit life insurance policy issued by the third...

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