Furman

Furman v. Steiner (In re Steiner)

Good Law
17 Cal. App. 5th 1165·225 Cal. Rptr. 3d 880
Court of Appeal of CaliforniaNovember 30, 2017D071155California1,610 words

Opinion

lead Opinion

McConnell, J.

*1167 I

INTRODUCTION

As part of a status-only dissolution judgment (judgment), Patrick J. Steiner (Husband) and Alicja Soczewko Steiner (Wife), stipulated to an order requiring Husband, then an active duty service member, to maintain Wife as the *1168 beneficiary of all of Husband's current active duty survivor and/or death benefits pending further court order (stipulated order). Notwithstanding the stipulated order, Husband changed the beneficiary of his life insurance policy to Husband's sister, Mary Furman, who received the policy proceeds upon Husband's death. The court subsequently found applicable federal law preempted the stipulated order and Furman was entitled to the policy proceeds. Wife appeals, contending federal law does not preempt the stipulated order or, alternatively, the fraud exception to federal preemption applies. We conclude to the contrary on both points and affirm the order.

II

BACKGROUND

Husband was an active duty military service member and had a group life insurance policy (policy) issued under the Servicemen's Group Life Insurance Act of 1965 (see 38 U.S.C. § 1965 et seq. ; the SGLIA). The policy provided a $400,000 death benefit. ( 38 U.S.C. §…

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