Mutual of Omaha Insurance v. Losey

Carl and Lucille Knorr, husband and wife, were killed in an automobile accident on December 10, 1964. It was determined that their deaths occurred either simultaneously or that Lucille survived her husband by a few minutes. At the time of the accident, Lucille was the owner of a hospitalization and accidental death policy issued by Mutual of Omaha which provided for the payment of $2,500 in case of accidental death. Carl was named as beneficiary but the policy provided that Lucille had the right to change the beneficiary at any time.

The fiduciaries of both estates claimed the proceeds of the…