Ivy Rogers v. Unionmutual Stock Life Insurance Company of America v. John Wilson Vargo, of the Estate of Barbara Ann Vargo Rogers, Deceased

MOTZ, District Judge:

Dr. Charles Ivy Rogers, and his wife, Barbara Ann, were killed in an automobile accident on May 4, 1980. The estate of Barbara Ann received the proceeds of a life and accident insurance policy held by Charles. Mr. Ivy Rogers, Charles’s father, filed this action against the insurer, Union-mutual Stock Life Insurance Company of America (Unionmutual) for recovery on the policy as contingent beneficiary. Ivy appeals the district court’s order granting summary judgment in favor of Unionmutual. The issue raised on this appeal is whether, as a matter of law, the payment of…