Pearce

In this interpleader case brought by State Farm Life Insurance Company (State Farm), seeking instructions as to the disposition of certain life insurance proceeds, cross-motions for summary judg *1687 ment were brought. The respective moving parties were the contingent beneficiary named under the life insurance policies, defendant and respondent Charlotte Miles, and the estate of the deceased insured, Robert Wayne Pearce, by James F. Pearce, administrator of the estate (the estate) (appellant herein). Each sought an order establishing entitlement to the policy proceeds. The trial court granted the motion by the contingent beneficiary Miles with the proviso that she submit a proposal to guarantee that the proceeds of the insurance policies would not be used for the benefit of her sister Roberta Pearce (Roberta), the wife of the decedent, since Roberta had been found guilty of having him murdered. The cross-motion for summary judgment by the estate was denied and it appeals, contending the trial court erred in applying the law and, alternatively, that even if the trial court correctly applied statutory and case law, public policy should prevent Miles, as sister of the…

I concur in the ruling of the majority, which is to reverse the summary judgment and remand the case for further proceedings and trial, if appropriate. I do not join in the reasoning of the majority opinion because I believe it is misplaced in its emphasis on a search for the hypothetical, presumed, or to be discovered donative intent of the deceased insured. Rather, I believe the review of evidence should focus on an attempt simply to prevent enrichment of the murderer by reason of her crime. If there is no evidence of such enrichment through execution of the plain terms of the policy, then those terms should be followed.

In Beck v. West Coast Life Ins. Co. (1952) 38 Cal.2d 643, 647 [ 241 P.2d 544 , 26 A.L.R.2d 979 ], the court awarded the life insurance proceeds to an alternate beneficiary (not related to the primary beneficiary who had murdered the insured) because such was the clear intent of the deceased. The literal wording of the beneficiary clause was such as to transfer to the unrelated friend the policy benefits in the event the insured’s husband could not receive them. The reason for award of the policy benefits to the alternative beneficiary was not the predecease of…

HUFFMAN, Acting P.J.

In this interpleader case brought by State Farm Life Insurance Company (State Farm), seeking instructions as to the disposition of certain life insurance proceeds, cross-motions for summary judgment were brought. The respective moving parties were the contingent beneficiary named under the life insurance policies, defendant and respondent Charlotte Miles, and the estate of the deceased insured, Robert Wayne Pearce, by James F. Pearce, administrator of the estate (the estate) (appellant herein). Each sought an order establishing entitlement to the policy proceeds. The trial court granted the motion by the contingent beneficiary Miles with the proviso that she submit a proposal to guarantee that the proceeds of the insurance policies would not be used for the benefit of her sister Roberta Pearce (Roberta), the wife of the decedent, since Roberta had been found guilty of having him murdered. The cross-motion for summary judgment by the estate was denied and it appeals, contending the trial court erred in applying the law and, alternatively, that even if the trial court correctly applied statutory and case law, public policy should prevent Miles, as…