Hall Family Living Trust Ex Rel. Hall v. Mutual Service Life Insurance Co.

NEUMANN, Justice.

[¶ 1] Mutual Service Life Insurance Company appealed from a summary judgment 1 awarding the Hall Family Living Trust (“Trust”) payment on a $39,000 and a $10,000 annuity. We conclude there are genuine issues of material fact which preclude summary judgment, and we reverse and remand for further proceedings.

I

[¶ 2] On May 21, 1985, Johannes Holl (a/k/a Jack Hall) applied to Mutual Service for a $39,000 annuity, and on November 1, 1985, he applied to Mutual Service for a $10,000 annuity. Holl applied for both annuities through his nephew, Mutual Service agent Warren Hall, and…