Bertha Tatum v. Oscar Tatum

Appellant appeals from a judgment entered by the District Court, sitting without a jury, disallowing her claim to the proceeds of a policy of life insurance issued to and upon the life of Erwin or Ervin Tatum under the provisions of the Federal Employees Group Life Insurance Act, and awarding the proceeds thereof to appellees, the decedent’s three surviving children by his first marriage.

This action was originally brought against the United States of America and the Metropolitan Life Insurance Company, the insurer. Metropolitan counterclaimed interpleading appellees as defendants. The United States was later dismissed as a party.

On August 29, 1954, group life insurance policy No. 17000-G was issued to the United States Civil Service Commis sion covering certain Federal employees including the decedent, a postal clerk, Erwin Tatum was insured in the amount of $4,000 upon his life with double indemnity coverage in the event of accidental death. He died by accidental means on December 7, 1954.

The enabling statute and the group policy provide that:

The decedent did not designate a beneficiary. Appellant claims the proceeds as the widow. The sole issue before the trial court and…