Wallace v. Lincoln National Insurance Co.

HOOD, Chief Judge.

Arthur Wallace, now deceased, was an employee of Safeway Stores. As such he was a participant in Safeway’s employee retirement plan and was insured under a group life insurance policy. He designated “Leddie Wallace, Wife,” as the beneficiary under the retirement plan, and designated Beverly Wallace, his minor daughter, as beneficiary under the insurance policy. After Arthur Wallace’s death, appellant brought this action, claiming to be entitled to the proceeds under both the retirement plan and the insurance policy. Her claim rested on the following facts.

Appellant had been…