Legal Opinion · Dissent

American Western Life Insurance Co. v. Hooker

Utah Supreme Court

Decided November 28, 1980No. 16596Published

1DissentStewart, Justice

I agree with the majority opinion that all rights under the policy can be assigned to a newly-designated owner, but I do not join in the conclusion regarding the absolute character of the policy change in the instant case. Although the form provided by American Western Life Insurance Company contemplates the transfer of all rights under the policy to an assignee, the mere form of the policy is not conclusive on the question of ownership. Moser v. Moser, 117 Ariz.App. 312, 572 P.2d 446 (1977). Parol evidence is admissible to show the true nature of an assignment, though absolute in form. Boyle…

2Cases cited8 opinions

  1. Boyle v. CrimmSupreme Court of Missouri · 1952
  2. Kjar v. BrimleyUtah Supreme Court · 1972
  3. Males v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1975
  4. Moser v. MoserCourt of Appeals of Arizona · 1977
  5. Albrent v. SpencerWisconsin Supreme Court · 1957

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