Thomas v. John Hancock Mutual Life Insurance

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 fees. The district court generally granted all requested relief but refused to award attorney fees. Sandra has appealed, contending…