Dossett ex rel. Dossett v. Dossett

712 S.W.2d 96, 1986 Tenn. LEXIS 756
CourtTennessee Supreme Court
DecidedJune 2, 1986
StatusPublished
Cited by7 cases

This text of 712 S.W.2d 96 (Dossett ex rel. Dossett v. Dossett) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dossett ex rel. Dossett v. Dossett, 712 S.W.2d 96, 1986 Tenn. LEXIS 756 (Tenn. 1986).

Opinion

OPINION

HARBISON, Justice.

This suit involves a claim for the proceeds of a group life insurance policy. The action was instituted by or on behalf of the children of the insured following his accidental death. Their claim is based upon the provisions of a divorce decree under the terms of which their father was required to maintain a policy upon his life with the children designated as beneficiaries. Insofar as the record shows, the children never were named beneficiaries of the policy. Their father remarried shortly after the divorce was granted and within six weeks he changed the beneficiary to his second wife, appellee here.

The Chancellor held that the interest of the children in the policy was vested by reason of the divorce decree, that the attempted change of beneficiary was without effect, and that the proceeds of the policy should go to the children.

The Court of Appeals reversed. It held that the wording of the divorce decree and of the property settlement upon which it was based was vague and indefinite, that no policy had been introduced in evidence, and that there was insufficient proof that the one policy which the deceased held was the one referred to in the divorce decree.

We reverse and reinstate the judgment of the Chancellor.

The case was tried upon a very brief stipulation of fact supported by some exhibits, all of which are in the record. No testimony was taken either orally or by deposition. The stipulation itself is interlined in several places, and handwritten insertions and additions appear thereon.

In copying the stipulation in its opinion the Court of Appeals failed to take note of [97]*97some of the interlining, and it omitted reference to some stipulated material and to one of the exhibits.

Martha E. Dossett and the insured, Roger Allen Dossett, were married on June 29, 1960. They were divorced by decree of the Chancery Court of Campbell County entered on November 21, 1978. They were the parents of two children, Donna Sue Dossett, who was born in 1966 and Regina Beth Dossett, who was born in 1964. When the present suit was brought, the last-named daughter had married, and she is the appellant Regina Dossett McGill.

The entire record of the divorce proceedings was filed as an exhibit to the stipulation in the present case. It contained a property settlement agreement which had been executed by the husband and wife and which was substantially incorporated into the decree, although the decree itself made no specific reference thereto. Martha E. Dossett was awarded a divorce and custody of the minor children. There were provisions for visitation and support and a division of the property between the parents. The husband was ordered to maintain a hospitalization and major medical insurance policy upon the minor children until they reached their eighteenth birthday and was required to be responsible for fifty percent of any uninsured medical, dental, hospital or optical expenses incurred by them.

The decree further provided:

“7. That the defendant is required to maintain a $20,000.00 life insurance policy upon his life and with the minor children of the marriage designated as the beneficiaries of said policy.”

The stipulation filed in the present case states that at the time of the divorce in 1978 Mr. Dossett held only one known life insurance policy. Certain information concerning that policy was originally typed into the stipulation, but this was stricken through and instead alterations were made in handwriting, so that the portion of the stipulation actually presented in the appellate record is as follows:

“4. At the time of the divorce in 1978, the Decedent held one known life insurance policy. The policy was instituted on April 1, 1976. Stipulate Policy. OK. (Exhibit C) Neither party knew at the time of divorce what the value of the policy was.”

In copying the stipulation, the Court of Appeals failed to note some of these alterations and stated in its opinion:

“The policy is not presented in the record.”

In this, we believe that the Court of Appeals was mistaken. There appears in the appellate record, labeled “Ex C,” a pamphlet entitled “Group Insurance Plan for the Employees of the State of Tennessee.” It explains the terms and provisions of a group life insurance policy and of the other benefits provided for the employees of the State. The stipulation states that this group policy was the only known life insurance of the decedent at the time of the divorce and that benefits payable thereunder had been deposited in the Chancery Court of Campbell County for disbursement in accordance with the order of the court. Attached as an exhibit to the stipulation was a letter of transmittal from the insurance carrier.

The document, “Exhibit C,” is not actually a policy of insurance but it obviously was regarded as such by the parties and was stipulated to constitute a “policy.” Such a pamphlet and a certificate are usually all that are furnished to an employee under a group insurance plan. The pamphlet describes in detail hospital and medical benefits provided by the State as self-insurer through an administrator and then describes life insurance benefits provided under a master policy through Provident Life and Accident Insurance Company. That master policy itself has not been filed in the record. The pamphlet, published in 1980, was approved by the Tennessee State Insurance Committee.

It was stipulated that Martha E. Dossett, decedent’s first wife, was the named beneficiary under this policy until December 27, 1978, a few weeks after the divorce. On that date the decedent effected a change in [98]*98the policy naming his second wife, Carolyn Dossett, as “the new beneficiary.”

It was stipulated that Martha E. Dossett did not discover the failure of the decedent to maintain a $20,000 life insurance policy or any other policy for the benefit of the children until after his death. At the time of his death by accidental drowning on November 28, 1982, the older child had reached her majority, but it was stipulated that neither of the children knew anything about the decedent’s policies of insurance.

A document labeled “Ex B,” dated March 10, 1983, appears in the record, being a letter from the Provident Life and Accident Insurance Company to the Clerk and Master of the Chancery Court. The letter states:

“In accordance with agreed order, enclosed is our draft for $75,928.80 payable to you as Clerk and Master of Campbell County, Tennessee.
“This draft represents $25,928.80 group life benefit and $50,000 special accident benefit for the death of Roger Dossett on November 28, 1982.”

The terms and provisions of the stipulated pamphlet, with respect to the life insurance features, show that an accidental death benefit was provided for employees in the amount of $50,000 if they had earnings of $17,500 but less than $20,000. The policy also provided primary life insurance of $25,000 for employees in the same earnings bracket. In view of the amount paid into the chancery court, therefore, it is obvious that Mr. Dossett was earning between $17,500 and $20,000 at the time of his death, and that some interest had accrued upon the policy proceeds between the date of death on November 28, 1982 and the date of payment, March 10, 1983.

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Cite This Page — Counsel Stack

Bluebook (online)
712 S.W.2d 96, 1986 Tenn. LEXIS 756, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dossett-ex-rel-dossett-v-dossett-tenn-1986.