Carpenter
American General Life Insurance v. Carpenter
Opinion
Lead Opinion
MEMORANDUM **
American General Life Insurance Company, Inc., appeals the district court’s grant of summary judgment to Roger N. Carpenter, Peter Charles Carpenter and Denise M. Carpenter 1 (collectively “the Carpenters”). We reverse and remand.
American General paid the proceeds of a life insurance policy to the decedent’s widow, Cristina Carpenter, the designated beneficiary. Under California law, that payment fully discharged American General, unless it had written notice of an adverse interest before it made the payment. See Cal. Ins.Code § 10172; Blethen v. Pac. Mut. Life Ins. Co., 198 Cal. 91, 101-03 , 243 P. 431, 435-36 (1926); Leonard v. Occidental Life Ins. Co., 31 Cal.App.3d 117, 120 , 106 Cal.Rptr. 899, 901 (1973); Cooper v. United Benefit Life Ins. Co., 17 Cal.App.3d 911, 914-16 , 95 Cal.Rptr. 320, 322-23 (1971). Here, the problem is that a letter from the Carpenters’ lawyer did give notice of a sort to American General, but the letter failed to give details available to the Carpenters, such as the decedent’s middle initial, the decedent’s social security number, or the number of the policy. 2 The result was that American General put the “notice” onto its…