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BLI v. DIXSON IRREVOCABLE TRUST

No. 34873.

206 P.3d 481 (2009)

BANNER LIFE INSURANCE COMPANY, Plaintiff, v. The MARK WALLACE DIXSON IRREVOCABLE TRUST; and Tammie Sue Dixson, individually, Defendants. The Mark Wallace Dixson Irrevocable Trust, Cross Claimant-Respondent, v. Tammie Sue Dixson, Cross Defendant-Appellant. Tammie Sue Dixson, Third Party Plaintiff, v. Robert and Jackie Young, Third Party Defendants.

Supreme Court of Idaho, Boise, February 2009 Term.

April 3, 2009.

Attorney(s) appearing for the Case

Finch & Associates Law Office, P.A., Boise, and Ellsworth, Kallas, Talboy & DeFranco, P.L.L.C., Boise, for appellant. Robert W. Talboy argued.

Cosho Humphrey, LLP, Boise, for respondent. Mackenzie Whatcott argued.

J. JONES, Justice.

Tammy Dixson and The Mark Wallace Dixson Irrevocable Trust filed competing claims to the proceeds of a term life insurance policy insuring the life of Tammy's deceased husband, Mark Dixson. The insurance company, Banner Life Insurance Company (BLI), filed a complaint for interpleader asking the district court to resolve the competing claims. Tammy and the Trust subsequently filed cross-motions for summary judgment contesting the character of the...

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