Marlow v. Paganini
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Second Division of the Northern District of California; Frank H. Rudkin, Judge. Bill of interpleader by the New York Life Insurance Company against Charles Paganini, as administrator of the estate of David K. Marlow, deceased, and Herta Marlow. Decree for the administrator, and Herta Marlow appeals.
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Appeal from the District Court of the United States for the Second Division of the Northern District of California; Frank H. Rudkin, Judge. Bill of interpleader by the New York Life Insurance Company against Charles Paganini, as administrator of the estate of David K. Marlow, deceased, and Herta Marlow. Decree for the administrator, and Herta Marlow appeals. Statement of claim by defendant Herta Marlow alleged that Miss Jennie Heppner, on or about October 1, 1919, assigned her right in Ihe policy in question to said defendant, and that on October 20, 1919, defendant Herta Marlow purchased…
1Opinion of the Court
ROSS, Circuit Judge.
The policy of insurance here in question was issued upon the life of David K. Marlow May 29, 1917, and was made payable to the “executors, administrators, or assigns of the insured, or to the duly designated beneficiary (with the right on the part of the insured to change the beneficiary in the maimer provided in section 6),”
Section 6 provides as follows:
“Change of Beneficiary.—The insured may at any time and from time to time, change the beneficiary, provided this policy is not then assigned. Every change of beneficiary must be made by written notice to the company at its…
2Cases cited5 opinions
- McLaughlin v. McLaughlinCalifornia Supreme Court · 1894
- French v. Provident Savings Life Assurance Society of New YorkMassachusetts Supreme Judicial Court · 1910
- Abbott v. Supreme Colony United Order of Pilgrim FathersMassachusetts Supreme Judicial Court · 1906
- Tillman v. John Hancock Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1898
- Tillman v. John Hancock Mut. Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- United Life & Accident Ins. v. ReynoldsCourt of Appeals for the Second Circuit · 1933