Union Central Life Ins. Co. v. Janssen

KAUS, P. J.

—The Union Central Life Insurance Company (“Union”) interpleaded the sum of $50,000, payable by it on the death of Raymond V. Pepe. The contesting claimants are Mavis C. Janssen, the former wife of the decedent, and Karla G. Pepe, his widow. After discharging Union from any further obligation under its policy upon deposit of the proceeds in court, the superior court granted Karla’s motion for summary judgment. Mavis appeals.

Facts

Several declarations were filed in support of and opposition to Karla’s motion. The facts disclosed- therein are not in conflict. .;

The chronology of events is as follows:

April 15, 1953.

James B. Lansing Sound,' Inc. (“Lansing”) entered into a group life insurance contract with Occidental Life Insurance Company of California ‘ (“Occidental”) by the terms of which policy the lives of Lansing’s executives were insured.

September 1,1955.

The deceased was classified as an executive of Lansing and became eligible to participate in the group life insurance program provided by the Occidental policy. ' • ■

April 25, 1956.

The deceased signed an “enrollment card for group insurance.” On this card, which we shall call the Occidental enrollment card, he designated Mavis as his beneficiary.

May 9, 1956.

Just two weeks after the deceased had designated Mavis as his beneficiary, a final California judgment of divorce was entered dissolving their marriage.

January 7, 1961.

The deceased married Karla.

July 19, 1961.

Preceding that date Lansing had started negotiations with Union which led to the replacement of the Occidental policy by the one issued by Union. The Occidental

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