Ernest E. Evans v. Safeco Life Insurance Company, Personal Security Option Program--Lockheed Special Accident Insurance Plan, Lockheed Corporation

I concur in the per curiam opinion with the exception of Part III. I do not agree that the word “children” as used in the insurance policy is unambiguous. Because “children” can be construed to include “stepchildren,” I believe the ambiguity in the ERISA policy should be construed in favor of Evans, and that it was error to dismiss Evans’ complaint.

Numerous authorities have noted or held that stepchildren may be included as children in insurance contracts. See Hummel v. Supreme Conclave Improved Order Heptasophs, 256 Pa. 164, 169-71, 100 A. 589, 590 (1917); New York Life Ins. Co. v. Beebe, 57…