Guy v. Guy
Idaho Supreme Court
98 Idaho 205, 560 P.2d 876 (1977)
- Written by Liz Nakamura, JD
Facts
In 1964, Walter Guy (plaintiff) became insured under a group term disability-insurance policy offered through his employer, Litton Industries (LI). The policy was renewed annually, and LI paid all premiums as part of Walter’s compensation. In 1970, Walter married Elizabeth Guy (defendant), who was totally physically disabled. In 1973, when Walter was 49 years old, he became disabled because of vascular damage caused by advanced arteriosclerosis. Walter’s employment was terminated shortly after, and Walter began receiving payments under the disability-insurance policy. Provided that Walter remained totally disabled, he would continue to receive monthly payments until the age of 65. Walter filed for divorce and argued that the disability payments should be classified as his separate property. The trial court disagreed, holding that the disability payments must be classified as community property and allocated between Walter and Elizabeth going forward. Walter appealed.
Rule of Law
Issue
Holding and Reasoning (Shepard, J.)
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