Hargreaves

Hargreaves v. Metropolitan Life Insurance

Good Law
104 Cal. App. 3d 701·163 Cal. Rptr. 857·1980 Cal. App. LEXIS 1717
Court of Appeal of CaliforniaApril 16, 1980Civ. 43778California2,905 words

Opinion

Opinion

White, J.

Appellant Darlene Hargreaves appeals from a judgment ordering that she recover nothing by way of her complaint for declaratory relief. In the trial court appellant sued for a declaratory judgment that she, as the named beneficiary, was entitled to the “additional” sum of $10,000 payable as provided in a group insurance certificate and group policy of insurance issued by the Metropolitan Life Insurance Company (hereafter respondent). Respondent’s group policy No. 9000-G provided, in addition to other provisions, for payment of the sum of $10,000 in the event of the death of an employee of Caterpillar Tractor Company, and for the payment of an additional $10,000 for the death or dismemberment of the employee by accidental means. Because appellant’s late husband Michael Hargreaves was an “employee” at the time of his death, respondent paid appellant the death benefit as provided in the aforedescribed group insurance policy. This “dispute” arose when respondent refused to pay appellant “double indemnity” or the aforesaid “additional $10,000” benefit for death when caused by accidental means.

The trial court’s judgment is founded upon its conclusions of law that (1) the…

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