Kim v. Chinn

56 Cal.App.2d 862 (1943) RICHARD LEE TURNER, a Minor, etc., Respondent,

v.

METROPOLITAN LIFE INSURANCE COMPANY (a Corporation) et al., Defendants; VELMA GONZALES et al., as Administratrices, etc., Interveners and Appellants.

Civ. No. 12144. California Court of Appeals. First Dist., Div. One.

Jan. 29, 1943. Tsar N. Calfee and Norman A. Gregg for Appellants.

Geo. R. Vaughns and Frank M. Larche for Respondent.

KNIGHT, J.

Plaintiff, by his guardian ad litem, brought this action against the defendant insurance company to collect $1,250 claimed to be due him as beneficiary under a policy of life insurance. The administratrices of the insured's estate presented an adverse claim to the money and were granted leave to file a complaint in intervention; whereupon and on stipulation the insurance company paid the money into court and was discharged from further liability. Thereafter the cause was tried on the merits and judgment was entered in favor of plaintiff. From said judgment the interveners have taken this appeal, which is presented on a clerk's transcript consisting of the judgment roll and the written opinion rendered by the trial court.

The policy sued upon is dated November 6, 1939, and is of the type known as a Master Group Policy. It was issued by said company to the Certain-Teed Products Company for the benefit of its employees, one of whom was Lewis William [864] Turner; and the beneficiary clause read: "If there be no designated beneficiary at the time when any benefits shall be payable to the beneficiary, then such benefits shall be payable as follows: To the wife or husband, if living, of the employee; if not living, to the children of the employee who survive the employee, equally; if none survives, to either the father or the mother of the employee, or to both equally; if none of the above survives the employee, to the estate of the employee."

Turner, the insured, died June 25, 1941. He had been married, but there were no children the issue of the marriage, and his wife predeceased him. The plaintiff is Turner's child, but he is a posthumous, illegitimate child, born shortly after Turner's death; and the interveners contended that the designation "children" in the policy as one of the classes of beneficiaries excluded illegitimate children. The trial court held adversely to such contention, and the interveners urge that this was error.