State Farm Life Insurance v. Pearce

FROEHLICH, J., Concurring.

I concur in the ruling of the majority, which is to reverse the summary judgment and remand the case for further proceedings and trial, if appropriate. I do not join in the reasoning of the majority opinion because I believe it is misplaced in its emphasis on a search for the hypothetical, presumed, or to be discovered donative intent of the deceased insured. Rather, I believe the review of evidence should focus on an attempt simply to prevent enrichment of the murderer by reason of her crime. If there is no evidence of such enrichment through execution of the plain…