Greguhn v. Mutual of Omaha Insurance Co.
Utah Supreme Court
461 P.2d 285 (1969)
Insurance companies (defendants) issued Greguhn (plaintiff) disability policies covering accidental injury, paying him benefits after a workplace back injury until they stopped in June 1965, claiming he was able to return to work; Greguhn sued, and the trial court found for him, ordering payment of past-due installments and, additionally, treating the companies' nonpayment as a repudiation entitling Greguhn to a lump-sum award covering all future benefit installments as well; the companies appealed the future-benefits portion of the judgment.
Whether an insurer's failure to pay one or more past-due installments under a disability policy constitutes an anticipatory breach entitling the insured to immediate payment of all future installments not yet due.