Godwin v. Pate

SHUMPERT, Justice.

This is an appeal from a summary judgment granting appellees specific performance and denying appellant’s counterclaim. The principal question is whether payment of group life insurance proceeds to a creditor who owns the policy, to retire a debt, is payment by the insured debtor’s estate, thereby entitling the estate to subrogation against a third party jointly and severally liable for the debt. We hold that it is not, and affirm the judgment.

On October 3, 1967, appellant Theta C. Godwin (Theta) and her husband, Alfred E. Godwin (Alfred) and appellees Jesse Pate and his…