Pitts v. Vaughan

BEATTY, Justice.

We granted certiorari to review the holding of the Court of Civil Appeals, 435 So.2d 81, in this case of first impression. That court applied the rule relating to the effect of a divorce on an insurance contract in finding that a divorce decree did not affect the spouse-beneficiary’s right to receive accumulated death benefits under a retirement and pension plan. We affirm.

The City of Dothan filed a bill of inter-pleader in order to determine which of two claimants was entitled to receive the death benefits of Carol Pitts Palmer, deceased. The trial court held that Timmy R.…