Logourl black

Greguhn v. Mutual of Omaha Insurance Co.

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


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

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Tuckett, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

Dissent (Ellett, J.)

The dissent section is for members only and includes a summary of the dissenting judge or justice’s opinion. To access this section, start your 7-day free trial of Quimbee for Law Students.