Reliable Life Insurance Co. v. Spurgeon

GRIMM, Judge.

This is a bench-tried interpleader action. The primary beneficiary of a life insurance policy on Delores Short murdered the insured. The Estate of Delores Short appeals from the trial court’s judgment that the policy proceeds be paid to Catherine Spurgeon, the “contingent beneficiary,” rather than to the estate.

The estate’s sole contention is that the trial court erred in awarding the proceeds to the contingent beneficiary because the primary beneficiary, though disqualified from receiving the proceeds, survived the insured. We agree and reverse, because the policy lacked…