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ALLEN v. UNITED OF OMAHA LIFE INS. CO.

No. 2-06-187-CV.

236 S.W.3d 315 (2007)

Judy ALLEN, Independent Administratrix of the Estate of Marvin Fred Allen and Individually as the Surviving Spouse, and Michael Allen and Cory Allen, Intervenors, Appellants, v. UNITED OF OMAHA LIFE INSURANCE COMPANY, Thomas Pace, Steven Anderson, Alan Curry, Worldwide Resources, Incorporated, Richard R. Murphey, Jr., and CreditWatch Services, Ltd., as Successor in Interest to CreditWatch Services, LLC, Appellees. and United of Omaha Life Insurance Company, Appellant, v. CreditWatch Services, Ltd., as Successor in Interest to CreditWatch Services, LLC, Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled October 25, 2007.

Attorney(s) appearing for the Case

Harvey G. Joseph, Dallas, Bob J. Shelton, Bakutis, McCulley & Sawyer, PC, and David C. Bakutis, Fort Worth, for Appellants.

Jackson Walker LLP and Albon O. Head, Jr., and Amanda L. Bush, Fort Worth, Dickinson & Assocs., P.C. and Bradley Dickinson, Payne & Blanchard, LLP, Kevin J. Cook, Saberian & Price, LLP and Amy L. Saberian and John R. Riddle, Dallas, Richards, Elder & Srader and Gary R. McLaren, Lubbock, Shannon Gracey, Ratliff & Miller and R.H. Wallace, Jr., Joseph W. Spence and Monika T. Cooper, Fort Worth, for Appellees.

Panel B: HOLMAN, GARDNER, and WALKER, JJ.

OPINION

ANNE GARDNER, Justice.

This is a dispute over the proceeds of a key man life insurance policy. The principal question before us is this: When a policy's named beneficiary merges with another entity, and the other entity is the "surviving company," are the policy proceeds payable to the surviving company? We answer in the affirmative, and we affirm the trial court's judgment.

I. Background...

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