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IN RE DEATH OF COLE

No. 16555.

741 P.2d 734 (1987)

113 Idaho 98

In re Declaration of DEATH OF James Thomas COLE. Sandra L. THOMAS, Plaintiff-Appellant, v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, Defendant-Intervenor-Respondent.

Court of Appeals of Idaho.

July 30, 1987.

Attorney(s) appearing for the Case

Philip E. Peterson, Lewiston, for plaintiff-appellant.

Theodore O. Creason of Ware, O'Connell & Creason, Lewiston, for defendant-intervenor-respondent.

SWANSTROM, Judge.

Sandra Thomas, the beneficiary under a life insurance policy issued to her former husband, brought a declaratory judgment action to have her former spouse declared legally dead after he had been missing for several years. John Hancock Mutual Life Insurance Company intervened in the action. Sandra then amended her complaint to ask that John Hancock be required to pay her the policy proceeds, interest, certain unearned premiums, costs and attorney...

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