Moss v. Warren

Opinion

ROUSE, J.

Equitable Life Assurance Society of' the United States commenced an interpleader action by filing a complaint which alleged that the proceeds of a group life insurance policy insuring the life of Mary Warren were the subject of conflicting claims. Specifically, plaintiff insurer alleged that Mary Warren had died in September 1967, and that the sum of $13,800 was payable under the insurance policy. The named beneficiaries under the insurance policy, defendants David L. Moss, David P. Moss, Gail Anne Moss and Lynne Marie Moss, claimed a right to the proceeds of the policy, but defendant Gordon Warren, the brother of Mary Warren, asserted a conflicting claim to the funds in question. Plaintiff prayed that the de

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fendants be required to interplead and settle among themselves their rights to the $13,800.

The case was tried by the court, sitting without a jury, and the following evidence was produced: In February 1964, Mary Warren married David L. Moss. Mr. Moss had three children by a prior marriage, David P. Moss,' Gail Anne Moss and Lynne Marie Moss. Following the marriage of Mary Warren and David L. Moss, David’s three children resided with them, and a close relationship developed between Mary and her three stepchildren.

On June 14, 1965, Mary Warren was employed by the University of California Medical Center and became a member of the retirement system. She designated David L. Moss as first beneficiary of her retirement fund benefit. His three children were designated as second beneficiaries, and Mary Warren’s brother, Gordon Warren, was designated as third beneficiary.

On October 29, 1965, Mary Warren was issued the group insurance policy which is the subject of this action. Mary Warren designated David L. Moss and his three children as beneficiaries under the policy. The policy provided that a change in beneficiary could be effected only by a written request filed with the insured’s employer.

In July 1966, Mary Warren filed an action for divorce against David L. Moss.

On September 29, 1966, Mary Warren executed a document revoking her prior designation of beneficiaries of her retirement fund benefit. She designated as her beneficiaries her brother, Gordon Warren, and his wife, Wenona. Florence Bonk, who was then in charge of the payroll at the nursing office of the University of California Medical Center, witnessed the execution by Mary Warren of the change of beneficiary. Miss Bonk testified that Mary Warren had specifically asked for a change of beneficiary for her retirement fund benefit. Miss Bonk did not recall Mary Warren making any mention of her life insurance policy. Miss Bonk had available in her office forms for executing a change of beneficiary under a life insurance policy, which she would have produced had Mary Warren indicated that she wished to make such a change.