Franklin Life Insurance Company v. Winney

CADENA, Justice.

Appellees, Ofelia Winney and Otilia Diaz Winney, filed suit for death benefits due under a policy issued by appellant, Franklin Life Insurance Company, to Jorge S. Winney, deceased. Both appellees and appellant filed motions for summary judgment. Appellant claimed that only the cash surrender value of the policy was due, since, prior to his death, plaintiff had requested payment of the cash surrender value of his policy. The trial court granted appellees’ motion for summary judgment, awarding them the face amount of the policy, and denied appellant’s motion.

By letter dated…