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eBook details

• Title: Dorothy L. Higginbotham and John G. Higginbotham v. General Life and Accident Insurance Company
• Author : Supreme Court Of Utah
• Release Date : January 10, 1990
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 80 KB

Description

RAY, Justice. The issue in this cause is whether the record reflects proper service of citation on General Life and Accident Insurance Company and National Benefit Life Insurance Company, both domestic insurance companies. The return on both defendants citations stated that they were served "on the 18 day of March, 1986 at 12:01 oclock p.m." The trial court rendered default judgment against both defendants. After hearing the motions for new trial presented by both defendants, the trial court expressly concluded that service was proper under former article 3.64 of the Insurance Code, allowing service "at the home office of such company during business hours." The court of appeals reversed the trial court judgment, concluding that there was no indication in the record that 12:01 p.m. was during defendants business hours. 750 S.W.2d 19. We hold that an express finding by the trial court necessarily included the finding that 12:01 p.m. that day was during business hours. We further hold that the trial courts order was effective to amend the officers return. We reverse the court of appeals judgment and remand this cause to it for further proceedings.

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