Napper v. Schmeh

ERICKSON, Justice.

The petitioner, Gloria Napper, as surviving spouse of the insured, petitioned for certiorari to review the court of appeals decision in National Western Life Insurance Co. v. Schmeh, 749 P.2d 974 (Colo.App.1987), which reversed the trial court and held that life insurance benefits were payable to insured’s ex-spouse and not to his estate. Under the circumstances in this case, the life insurance proceeds are part of the decedent’s estate and are payable to the petitioner as the sole surviving heir of the insured. Accordingly, we reverse and remand to the court of appeals with…