Lundsford v. Western States Life Insurance

JUDGE JONES

dissenting.

The purpose of the Colorado “slayer” statute is plainly to deny to one who kills an insured the benefits which accrue from an insurance policy on the decedent’s life. Section 15-11-803(1), C.R.S. (1987 Repl.Vol. 6B). For the statute to be applicable, the policy beneficiary must plead guilty or be convicted of the killing in a criminal case or must be shown to be the killer by a preponderance of the evidence in a civil case. See § 15 — 11— 803(5), C.R.S. (1987 Repl.Vol. 6B); Smith v. Greenburg, 121 Colo. 417, 218 P.2d 514 (1950) (construing predecessor statute as…