Janssen

Union Central Life Ins. Co. v. Janssen

Good Law
1968 Cal. App. LEXIS 1883·260 Cal. App. 2d 518·67 Cal. Rptr. 253
Court of Appeal of CaliforniaMarch 27, 1968Civ 31179California759 words

Opinion

Opinion

Kaus, J.

—The Union Central Life Insurance Company (“Union”) interpleaded the sum of $50,000, payable by it on the death of Raymond V. Pepe. The contesting claimants are Mavis C. Janssen, the former wife of the decedent, and Karla G. Pepe, his widow. After discharging Union from any further obligation under its policy upon deposit of the proceeds in court, the superior court granted Karla’s motion for summary judgment. Mavis appeals.

Facts

Several declarations were filed in support of and opposition to Karla’s motion. The facts disclosed- therein are not in conflict. .;

The chronology of events is as follows:

Discussion.

The Union policy contains the following provision with respect to the designation of the beneficiary: “The insured has the right on his sole signature to designate a beneficiary and to direct that the death benefits be paid under a settlement option (Section F) and to change the beneficiary or method of settlement at any time and from time to time by written notice in form acceptable to the Company. Such sums as may be .payable.on the insured’s death.will be paid to the beneficiary, designated by him subject to ,th.e following limitations. (a), If no beneficiary was .…

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