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FOLEY v. GRIGG

No. 33059.

164 P.3d 810 (2007)

Howard R. FOLEY, Petitioner-Appellant, v. Jamie R. GRIGG, a/k/a James R. Grigg, Safeco Life Insurance Company, Royal Insurance Company of America, Settlement Capital Corporation, Robert Chris, and Pioneer Federal Credit Union, Defendants-Respondents.

Supreme Court of Idaho, Boise, May 2007 Term.

June 29, 2007.

Attorney(s) appearing for the Case

Foley Freeman Borton, PLLC, Meridian, for appellant. Joseph Walden Borton argued.

Moffatt, Thomas, Barrett, Rock & Fields, Boise, for respondent Settlement Capital Corporation. James L. Martin argued.

Hall, Farley, Oberrecht & Blanton, Boise, for respondent Safeco Life Insurance Company.

Elam & Burke, Boise, for respondent Royal Insurance Company.

Ashcraft and Miller, PLLC, Mountain Home, for respondent Pioneer Federal Credit Union.

Richard L. Harris, Caldwell, for respondent Robert Chris.

BURDICK, Justice.

Defendant James R. Grigg settled a wrongful death claim and received a structured settlement. Grigg then allegedly assigned his entire final annuity payment to both Appellant Howard R. Foley and Respondent Settlement Capital Corporation. The district court determined that Settlement Capital Corporation was entitled to the annuity payment. Foley now appeals that decision. We reverse and remand.

I. FACTUAL AND PROCEDURAL BACKGROUND

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