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Ryan v. Tickle

Supreme Court of Nebraska
316 N.W.2d 580 (1982)


Facts

Eugene Ryan was a licensed mortician and president of Ryan Funeral Home, Inc. (Ryan Funeral) Ryan invited Gerald Tickle (defendant), another licensed mortician, to join Ryan Funeral. Tickle accepted Ryan’s invitation and joined Ryan Funeral. Ryan and Tickle had the opportunity to purchase another funeral home, Mullen Funeral Home (Mullen). Ryan and Tickle purchased Mullen, Ryan and Tickle purchased a joint life-insurance policy worth $100,000, under which each man was designated as the owner of one policy worth $50,000. All of the proceeds of this insurance policy were payable to the survivor. Ryan subsequently died of cancer. Tickle collected $88,000 as the beneficiary of the joint life-insurance policy. Lois Ryan (plaintiff), Ryan’s wife, sued Tickle to recover the proceeds of Ryan’s life insurance from Tickle. Lois alleged, in part, that Tickle did not have an insurable interest in Ryan’s life and therefore could not receive the proceeds of his life-insurance policy. After trial in the District Court of Lincoln County, Nebraska, Tickle demurred to Ryan’s evidence and moved to dismiss. The district court sustained Tickle’s motion and dismissed Lois’s petition.

Rule of Law

Issue

Holding and Reasoning (Brodkey, J.)

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