Leonard

Selma Leonard, individually and as administratrix of the estate of Andrew Leonard, deceased, appeals from a summary judgment for respondent, Occidental Life Insurance Company of California. By her complaint, plaintiff sought recovery of her alleged community property interest in two life insurance policies on the life of her deceased husband. Defendant answered, setting up the affirmative defense that, pursuant to the terms of the policies, it had paid the designated beneficiaries, Andrew Leonard, Jr., Joseph Leonard, Juanita Belec, and appellant, all of the benefits payable under the policies.

Appellant is the widow of Andrew Leonard, who died on July 8, 1969. Andrew and Selma were married in 1962. Andrew then had two sons and a daughter by a prior marriage. All were adults and married. At the time of his death, Andrew left two paid-up life insurance policies with respondent company. The beneficiaries in Group Life Insurance Policy 9134-LD were the three adult children; the beneficiaries in Group Life Insurance Policy 5500-K were appellant Selma Leonard and the three children. On August 28, 1969, full benefits pursuant to the terms of policy 9134-LD were paid the…

In my opinion, the record herein fairly shows that, when respondent life insurer paid the proceeds of both policies, it knew (or was chargeable with actual knowledge) of appellant’s identity, and of her status as the insured’s widow with at least a potential claim to a community interest in the policies; and that appellant had no knowledge of either policy until respondent paid the proceeds of the second one to her and the other designated beneficiaries. Under these circumstances, I am troubled by the peremptory application and effect of Insurance Code section 10172, and by the question whether its operation is currently supported by the decision principally cited in this respect. (Blethen v. Pacific Mut. Life Ins. Co. (1926) 198 Cal. 91, 102-103 [ 243 P. 431 ].) As is pointed out in the main opinion, my concern is based upon more recent decisions which hold that *125 a person may not constitutionally be deprived of “property” without notice and a reasonable opportunity to challenge the prospect. (Sniadach v. Family Finance Corp. (1969) 395 U.S. 337, 341-342 [ 23 L.Ed.2d 349, 353-354 , 89 S.Ct. 1820 ]. See, e.g., Randone v. Appellate Department (1971) 5 Cal.3d 536, 540, 547-552 […

Selma Leonard, individually and as administratrix of the estate of Andrew Leonard, deceased, appeals from a summary judgment for respondent, Occidental Life Insurance Company of California. By her complaint, plaintiff sought recovery of her alleged community property interest in two life insurance policies on the life of her deceased husband. Defendant answered, setting up the affirmative defense that, pursuant to the terms of the policies, it had paid the designated beneficiaries, Andrew Leonard, Jr., Joseph Leonard, Juanita Belec, and appellant, all of the benefits payable under the policies.

Appellant is the widow of Andrew Leonard, who died on July 8, 1969. Andrew and Selma were married in 1962. Andrew then had two sons and a daughter by a prior marriage. All were adults and married. At the time of his death, Andrew left two paid-up life insurance policies with respondent company. The beneficiaries in Group Life Insurance Policy 9134-LD were the three adult children; the beneficiaries in Group Life Insurance Policy 5500-K were appellant Selma Leonard and the three children. On August 28, 1969, full benefits pursuant to the terms of policy 9134-LD were…