Dyer

Dyer v. Occidental Life Ins. Co. Of California

Good Law
182 F.2d 127·17 A.L.R. 2d 923·1950 U.S. App. LEXIS 3563
United States Court of Appeals for the Ninth CircuitMay 5, 195012274_1California1,565 words

Opinion

Opinion

Bone, J.

This action arose under the interpleader statute, 28 U.S.C.A. § 1335 . Appellee, Occidental Life Insurance Co. (plaintiff below), deposited the sum of $1200 (this sum representing the proceeds of a life insurance policy) into the registry of the court •and disclaimed further interest in this fund. Adverse claimants to the fund are appellant, T. Ona Dyer, an Oregon citizen,'and appellees; Mary Ann and Patricia Katherine Zimmer, citizens of Montana. Occidental- is merely a nominal appellee.

The insured, Raymond Zimmer, who was a member of the Teamsters Union, died on November 21, 1947.’ Pursuant to the vote of its members the union had, on July 1, 1947, entered into a group life insurance .contract with Occidental whereby the life of each member of the union was insured in the amount of $1,200. A group or master policy was issued to the union by Occidental and an individual certificate (which was stated to be evidence of the insurance and subject to the terms of the group policy) was issued to each member of the union. Participation of the insurance plan was compulsory on all members of the union, and each member was assessed an additional $1 per month dues to pay the insurance…

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