Dunn

New York Life Insurance Co. v. Dunn

Good Law
1920 Cal. App. LEXIS 634·46 Cal. App. 203·188 P. 1028
Court of Appeal of CaliforniaFebruary 19, 1920Civ. No. 3240.California866 words

Opinion

Lead Opinion

Waste, J.

The plaintiff, New York Life Insurance Company, brought this action in interpleader to compel the defendants to litigate among themselves their various claims to the proceeds of an insurance policy, upon the life of John T. Dunn. Judgment was in favor of cross-complainant and respondent, May Cline Smith. Lilian S. Dunn, also a cross-complainant, appeals.

It appears that John T. Dunn, on December 13, 1906, took out a life insurance policy in the New York Life Insurance Company in the sum of ten thousand dollars, naming Lilian S. Dunn, his wife, beneficiary thereunder. Under the terms of the policy Dunn had the right to change the beneficiary named therein. During his lifetime, on or about the twenty-fourth day of March, 1916, Dunn requested the Insurance Company to change the beneficiary named in said policy, and directed that May Cline Smith be named therein to the extent of six thousand five hundred dollars, and Georgie June Dunn,- his daughter, to the extent of three thousand five hundred dollars, which changes were made.

Dunn died on the twenty-sixth day of October, 1916. Thereupon, Lilian S. Dunn, the wife, notified the Insurance Company that she was still the beneficiary'…

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