Hodgson v. Banner Life Ins. Co.

Full title: KARA HODGSON et al., Plaintiffs and Appellants, v. BANNER LIFE INSURANCE…

Court: California Court of Appeals, Third District, Sacramento

Date published: Jan 12, 2005

No. C041384 (Cal. Ct. App. Jan. 12, 2005)

Opinion

Page 1126a

125 Cal.App.4th 1126a __Cal.Rptr.3d__ KARA HODGSON et al., Plaintiffs and Appellants, v. BANNER LIFE INSURANCE COMPANY et al., Defendants and Respondents. C041384 California Court of Appeal, Third District, Sacramento January 12, 2005

THE COURT:

It is ordered that the opinion filed herein on December 15, 2004 (124 Cal.App.4th 1358; 21 Cal.Rptr.3d 907), be modified as follows:

1. On page 3, the second full sentence [124 Cal.App.4th 1362, advance report, par.1, last sent], reading “We shall reverse the judgment,” is deleted and the following language is inserted in its place:

We shall reverse the judgment in favor of Banner. We affirm the judgment in favor of Poage.

2. In the first full paragraph on page 23 [124 Cal.App.4th 1373, advance report, par.4], the second sentence, reading “Accordingly, the judgment of the trial court must be reversed,” is deleted and the following sentence inserted in its place:

Accordingly, the judgment of the trial court must be reversed as to Banner.

3. On page 23 [124 Cal.App.4th 1374, advance report], the Disposition is deleted and the following paragraph is inserted in its place:

The order of the trial court granting summary judgment in favor of Banner and the judgment thereafter entered are vacated. The judgment in favor of Poage is affirmed. The matter is remanded to the trial court with directions that it enter an order granting Hodgson’s motion for summary judgment against Banner. Poage shall recover its costs on appeal. Hodgson shall recover costs on appeal against Banner.

Page 1126b

This modification changes the judgment.

Poage’s petition for rehearing is denied.

RAYE, Acting P.J., HULL, J., BUTZ, J.