Hardin v. Hardin

HINES, Chief Justice.

Tracy Hardin (“Wife”) was granted a discretionary appeal from the grant of partial summary judgment to John Hardin (“Husband”) in this divorce case.1 The issue on appeal is whether the trial court erred in concluding as a matter of law that certain disability benefits issued pursuant to an insurance policy are non-marital property and are not subject to equitable division. For the reasons that follow, we affirm.

The parties were married in 1989. AMEX Assurance Company issued an “Accident Protection Plan” insurance policy to Husband in 2006. The policy included an…