First-Citizens Bank & Trust Co. v. Conway National Bank

Goolsby, Judge:

This appeal by Conway National Bank (CNB) and Cherokee National Life Insurance Company (Cherokee) arises from the granting of summary judgment by the trial court in favor of First-Citizens Bank & Trust Company (First-Citizens), as Executor of the Estate of W. Jennings Hucks. We reverse and remand.

First-Citizens, as executor, repaid a sixty-day loan made to Hucks by CNB in which he was twenty days in default on the date of his death. It then brought suit against CNB and Cherokee seeking to recover under a credit life insurance policy issued by Cherokee upon an application signed…