Bentley v. New York Life Insurance Co.

Joining the dissent of Miller, C.J., it strikes me that it is far more just that the children of Patrick Murphy be entitled to *81the insurance proceeds provided for them in the original property settlement agreement, than to have his girlfriend receive same.

The grant of the summary judgment is proper because there is a sound basis to support Judge Tapken’s ruling. Blote v. First Fed. Sav. & Loan Ass’n., 422 N.W.2d 834, 836 (S.D.1988).

Father, in my opinion, did his flesh and blood wrong. He elevated his girlfriend over his obligation to (1) his children and (2) a court decree. Father should not…