Harper Ex Rel. Harper v. Prudential Insurance Co. of America

The opinion of the court was delivered by

Prager, J.:

This is an action on a life insurance policy brought against the defendant, Prudential Insurance Company of America, by the contingent beneficiary after the insurance company had previously paid the designated primary beneficiary. The named insured was Jan E. Fenton, wife of Norman R. *359Fenton, who was the primary beneficiary under the policy. The contingent beneficiary was the plaintiff, Eric Harper, the infant child of Jan E. Fenton.

The facts in the case are undisputed. The trial court made findings of fact which were stipulated by the…