Merrity v. Prudential Insurance Co. of America

The opinion of the court was delivered by

Parker, J.

There are two suits, one on each of two policies issued by the respondent company, identical in terms, one dated April 10th, 1928, the other June 22d, 1928. The policies are on the joint lives of Howard and Elizabeth Swavely, designated as husband and wife, proceeds payable to the survivor, with no right to change beneficiary. Howard murdered Elizabeth, and the question arose whether the company was obligated to pay, and if so to whom. Howard sued as beneficiary and was held not entitled to recover, on the broad principle that one may not…