Mutual of Omaha Insurance Company v. Walsh

OPINION

RUSSELL E. SMITH, Chief Judge.

This interpleader action, which has been submitted on an agreed statement of facts, involves the defendants’ conflicting claims to the proceeds of an insurance policy.

Alton E. Kraling and Jacqueline Anglin Kraling were husband and wife at the time of their instantaneous and simultaneous deaths in February 1973. At the time of death Alton E. Kraling was the beneficiary of a group life policy issued by Mutual of Omaha Insurance Company (Mutual of Omaha), the plaintiff in this interpleader action.

The policy provided that Mutual of Omaha would pay $50,000.00…