Civil Procedure Keyed to Cound
Lundeen v. Cordner
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The Plaintiff, Lundeen (Plaintiff), brought suit on behalf of her children against the insurer of her deceased ex-husband’s insurance policy and trustee of his estate. Plaintiff claimed her two children were the sole beneficiaries of the policy. The Defendant, the deceased’s new wife (Defendant), intervened in the action claiming the deceased had changed the beneficiary designations and that she was a claimant of the policy. Defendant brought forth numerous affidavits as to the beneficiary change and the trial court awarded summary judgment to the Defendant. Plaintiff appealed claiming a triable issue of fact remained in that the testimony of a witness at trial could help Plaintiff prove her case.
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