STATE FARM LIFE INSURANCE COMPANY, Plaintiff, v. JAMES F. PEARCE, as Administrator, etc., Defendant and Appellant; CHARLOTTE MILES, Defendant and Respondent
234 Cal. App. 3d 1685 · D013109
California Court of Appeal, Fourth Appellate District · Filed
Published · citable
Cites 2
Holding
The court held that the trial court erred in granting summary judgment to the contingent beneficiary because triable issues of material fact remained as to whether the insured’s designation of the killer’s sister as contingent beneficiary represented his true testamentary intent at the time of his death, particularly in light of a family court restraining order that prevented him from altering beneficiary designations during pending divorce proceedings.
Statutes construed
- CCP § 1209
- CCP § 386
- CCP § 437c
- CIV § 5105
- INS § 22
- PROB § 252
Authorities cited (2)
- Beck v. West Coast Life Insurance 38 Cal.2d 643
- Beck v. West Coast Life Insurance 38 Cal.2d 643