Smith v. United Insurance Co. of America

Deen, Presiding Judge.

Appellant Smith was the beneficiary of an insurance policy issued by appellee United Insurance Company of America (United) on the life of appellant’s “boy friend,” one Borders. Upon the death of the insured, United issued a check to appellant in the amount of the death benefit less some $2,400 for funeral expenses. A check for the latter sum was issued to appellee Eberhart, d/b/a Eberhart & Sons Mortuary, pursuant to an assignment purportedly executed by appellant in Eberhart’s favor. Appellant protested that the signature on the assignment was forged and demanded that…