Greguhn v. Mutual of Omaha Insurance Co.

461 P.2d 285 (1969)

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Greguhn v. Mutual of Omaha Insurance Co.

Utah Supreme Court
461 P.2d 285 (1969)

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Facts

United Benefit Life Insurance Company and Mutual of Omaha Insurance Company (Companies) (defendants) issued disability policies to Greguhn (plaintiff) against loss arising from accidental bodily injuries. The policies stated that Greguhn was entitled to payment for as long as Greguhn was out of work. On September 21, 1964, Greguhn suffered an injury to his back while at work and was unable to continue working. The Companies made payments under the disability policies until June 1965 stating that Greguhn was able to continue working. Greguhn sued. The trial court found for Greguhn and ordered the Companies to pay the money past due under the terms of the policies. Additionally, the court found that the Companies repudiated their contracts by failing to pay Greguhn a number of installments and ordered the payment of all future benefits under the policies as well. The Companies appealed.

Rule of Law

Issue

Holding and Reasoning (Tuckett, J.)

Dissent (Ellett, J.)

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