Silva

Silva v. Aetna Life Insurance

Good Law
196 Cal. App. 3d 789·1987 Cal. App. LEXIS 2370·242 Cal. Rptr. 157
Court of Appeal of CaliforniaNovember 30, 1987No. B019934California2,877 words

Opinion

Lead Opinion

Willard, J.

—Retired Colleen Silva sued Aetna Life Insurance Company and Crocker National Bank for breach of an insurance policy obligating Aetna to make mortgage payments due Crocker in the event plaintiff’s husband, the insured, became disábled. Defendants moved for summary judgment and summary adjudication of issues. The motion of Aetna was granted and judgment was entered in its favor. Adjudication of certain issues was made in favor of Crocker. This appeal is solely from the judgment in favor of Aetna. We agree with the trial court that the insurance policy did not provide the benefits in dispute and affirm the judgment.

Facts

In 1975 appellant and her husband, the decedent, jointly purchased real property in Santa Barbara County. They, together with decedent’s parents, obtained financing for the purchase from Crocker, who received a *792 mortgage. The mortgage required payments, including interest, of $900.71 per month for 30 years.

In June 1981, Crocker made arrangements with respondent for credit insurance against disability of Crocker’s debtors. A group insurance policy was issued to Crocker applicable to a specific debt only at the election of the debtor, who paid the…

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