Metropolitan Life Insurance v. Prater

MEMORANDUM OPINION AND ORDER

REED, District Judge.

This is an action to determine to whom the proceeds of a life insurance policy should be paid. On April 2, 1979, Aileen T. Prater, the insured, died. The deceased had been arguing with Monroe Prater, her husband. A shot had been fired from the gun she was holding, striking relatively near her husband. The defendant then shot his wife, apparently in self-defense. Aileen T. Prater died from the gunshot wounds she received.

On May 29, 1980, Metropolitan Life Insurance Co. filed this suit against Monroe Prater, husband of the deceased, Albert…