G & M Motor Company v. Thompson

567 P.2d 80 (1977)

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Nature of the Case

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Facts

Wayne was an accountant for P. He embezzled $78,856.45 from P; a portion of which was used to pay premiums on various insurance policies insuring the life of the decedent. P sued D, Wayne's wife, and the trial court impressed a constructive trust upon various items of real and personal property, and a portion of the insurance proceeds in possession of D. D appealed, and the court affirmed the constructive trust on the real and personal property, but modified the trust on insurance proceeds. The Court of Appeals limited impressment of a constructive trust upon proceeds of life insurance policies to the extent of premiums paid and interest. This appeal resulted.