Carter

Aetna Life Ins. Co. v. Carter

Good Law
1969 Cal. App. LEXIS 1612·269 Cal. App. 2d 28·74 Cal. Rptr. 667
Court of Appeal of CaliforniaJanuary 22, 1969Civ. No. 32454California746 words

Opinion

Lead Opinion

Herndon, J.

Jan Carter appeals from a judgment of the trial court determining that respondent Margaret Hochman is entitled to the proceeds of a certain life insurance policy. Appellant makes no specific assignment of error but argues generally that the terms of the policy are not uncertain or ambiguous and therefore that extrinsic evidence should not 'have been received to aid in the determination of the intent of its provisions. We have concluded that this contention is unmeritorious.

Bob Carter, the insured, died on June 18, 1964, at the age .of. sixty. At the time of his death he was insured under a group life insurance policy issued by Aetna Life Insurance Company to the employees of the Utility Trailer Manufacturing Company. Until her death on March 30, 1964, the insured’s wife had been the designated beneficiary of this policy.

Thereafter, on April 14, 1964, the insured executed a printed form entitled “Designation of Beneficiary.” The pertinent part of this document consisted of three columns with printed headings. The first printed heading was “Name of Beneficiary” and typed in the space below the heading was “Mrs. Margaret Hoehman.” The second was headed “Related to me as” and…

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