Irwin v. Pacific American Life Insurance Company

KRUCKER, Judge.

Willis R. Irwin and Laura McClendon, sued Pacific American Life Insurance Co. to recover the cash surrender value of their three paid-up annuity policies, having a face value of $10,000 each. The insurance company moved for summary judgment in its favor, the motion was granted and the plaintiffs appeal from the judgment entered thereon.

In reviewing the granting of a motion for summary judgment, the record must be construed in a light most favorable to the party opposing the motion, here, the plaintiffs. Phoenix Jewish Community Council v. Leon, 102 Ariz. 187, 427 P.2d 138…