Equitable Life Assurance Society v. Stitzel

19 Pa. D. & C.3d 55, 1 Pa. Fid. 316, 1981 Pa. Dist. & Cnty. Dec. LEXIS 360
CourtPennsylvania Court of Common Pleas, Cumberland County
DecidedMarch 24, 1981
Docketno. 50 of 1980 Equity
StatusPublished

This text of 19 Pa. D. & C.3d 55 (Equitable Life Assurance Society v. Stitzel) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Cumberland County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Equitable Life Assurance Society v. Stitzel, 19 Pa. D. & C.3d 55, 1 Pa. Fid. 316, 1981 Pa. Dist. & Cnty. Dec. LEXIS 360 (Pa. Super. Ct. 1981).

Opinion

SHEELY, J.,

—Plaintiff, Equitable Life Assurance Society of the United States (Equitable), insured the life of Valerie L. Stitzel, deceased, under a Group Insurance Policy No. 11997 issued to employes of PPG Industries, Inc. On June 1, 1977 the deceased designated Michael W. Stitzel, her husband, as the revocable beneficiary of the life insurance policy. She made a similar designation for her employe savings plan andfor the plan authorizing deductions from her pay for the purchase of U.S. Savings bonds.

In the fall of 1978 the deceased and her husband began experiencing marital difficulties. In October of 1978 the deceased changed the designated beneficiary for her payroll savings bonds from Michael W. Stitzel to her father, Louis F. Dixon. Sometime thereafter the deceased and her husband executed a property settlement agreement. The settlement agreement provided in part that each party would relinquish his or her inchoate intestate right in the estate of the other, and that each relinquished “any and all claims, . . . actions, causes of action ... of whatsoever kind or nature, for or because of any manner or thing done, omitted, or suffered to be done by said other party prior to and including the date hereof....” On May 5, 1980 this court granted the deceased and her husband, Michael W. Stitzel, a divorce. However, the designated beneficiary on the insurance policy remained unchanged, even after the divorce decree.

[57]*57On May 16, 1980 Valerie L. Stitzel died of accidental causes and Equitable became liable on the insurance policy in the amount of $22,800. Defendant, Michael W. Stitzel, the deceased’s ex-husband, filed a claim for the insurance proceeds as the named beneficiary on the policy. Defendant, Louis F. Dixon, administrator of the estate of Valerie L. Stitzel, deceased, also filed a claim for the insurance proceeds contending that the property settlement agreement between the deceased and her ex-husband revoked the beneficiary designation. Defendants, Louis F. Dixon and Elaine Dixon, are the surviving parents of the deceased, whose claim to the insurance proceeds is based upon the following language in the policy:

“Any part of the insurance payable for loss of life for which there is no designated beneficiary living at the death of the employee will be payable in a single sum to the first surviving class of the following classes of successive preference beneficiaries: The employee’s a) widow or widower; b) surviving children; c) surviving parents; d) surviving brothers and sisters; e) executors or administrators.”

The deceased had no widower or surviving children, so the surviving parents constitute the first class entitled to receive if this court should find that no beneficiary is designated.

Equitable did not contest its liability to pay the insurance proceeds but only questioned to whom the proceeds should be paid. It therefore instituted an action for interpleader against named defendants, which was granted by the court. Equitable then paid the proceeds of the policy into court and was excused as a party to the action.

[58]*58The parties remaining in the action have stipulated to the facts set forth above. In addition, they stipulated that the deceased’s parents, “Louis F. Dixon and Elaine Dixon would testify that Valerie L. Stitzel informed them that in the event of her death she did not wish her husband, Michael W. Stitzel, to benefit financially and she had, for that purpose, changed the beneficiary designation for all of her insurance, bonds, and savings programs at PPG from the name of Michael W. Stitzel to the name of Louis F. Dixon.” (Stipulated Facts 1-2). “Michael W. Stitzel would testify that he spoke to Valerie L. Stitzel the night of her death, that there [sic] conversation was pleasant and that she did not mention changing the beneficiary designation on her PPG insurance plan, bond plans or savings plan.”

ISSUES PRESENTED

The issues now before us are (1) whether decedent’s actions effectively revoked the beneficiary designation; (2) whether the property settlement agreement constitutes revocation of the beneficiary designation; and (3) whether the divorce constitutes revocation of the beneficiary designation.

DISCUSSION

In answering the first issue, we note that generally the procedures prescribed by the insurance policy for a change of beneficiary must be strictly followed, except that exact compliance may be waived if the insured did everything in his power to make the change and everything reasonably possible under the circumstances to comply with the terms [59]*59of the policy: Prudential Insurance Co. of America v. Bannister, 448 F. Supp. 807 (W.D. Pa. 1978); Cody v. Metropolitan Life Insurance Co., 334 Pa. 137, 5 A. 2d 887 (1939). The insured’s intent to change the beneficiary on her life insurance policy is not sufficient without more to prove substantial compliance with the policy terms: Gannon v. Gannon, 88 Pa. Superior Ct. 239 (1926). The parties have stipulated that the parents of the decedent “would testify” that the decedent told them that she had changed the beneficiary of her insurance policy. This testimony, even if found to be credible, is insufficient to prove that the decedent actually thought she had changed the beneficiary. Nor does it prove that she did everything in her power to make the change or to reasonably comply with the policy requirements. The claimants have therefore failed to meet their burden of proving substantial compliance with the policy terms for revocation: Barner v. Lyter, 31 Pa. Superior Ct. 435 (1906).

Our research reveals no Pennsylvania case that deals with the effect of a separation agreement containing a mutual release of claims on the interest of a spouse who is a named beneficiary under an insurance policy. In the Pennsylvania case which is factually closest to ours, Ninno v. Prudential Ins. Co. of America, 50 D. & C. 2d 102 (1970), a husband executed a general release in favor of his wife at the time of their divorce. Two and one-half years later the wife died, without exercising her right to change the designated beneficiary on her life insurance policy from her ex-husband. The court in Ninno discussed the two different rules which apply when a release is made as part of a separation agreement, which it set forth as follows, at pp. 105, 106:

[60]*60“In New Jersey, it is settled that a separation agreement which contains a mutual release of all claims against each spouse’s estate does not divest the interest of either spouse as named beneficiary under policies of insurance. Under the New Jersey rule, divestment must be according to the terms of the policy. . . . (Citations omitted).
“Coming to the opposite conclusion are cases following the California rule. They hold that the beneficiary may relinquish his or her rights by means of a property settlement agreement without there being a change of beneficiary executed in accordance with the terms of the policy. . . . (Citations omitted).
“Even [under] the California rule, however,... it must clearly appear from the separation agreement that, in addition to the segregation of the property of the spouses, it was intended to deprive either spouse of the right to take under an insurance contract of the other. . . .” (Citations omitted.) (Emphasis supplied.)

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Gerhard v. the Travelers Ins. Co.
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448 F. Supp. 807 (W.D. Pennsylvania, 1978)
Cody v. Metropolitan Life Insurance
5 A.2d 887 (Supreme Court of Pennsylvania, 1939)
Gannon v. Gannon
88 Pa. Super. 239 (Superior Court of Pennsylvania, 1926)
Barner v. Lyter
31 Pa. Super. 435 (Superior Court of Pennsylvania, 1906)

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Bluebook (online)
19 Pa. D. & C.3d 55, 1 Pa. Fid. 316, 1981 Pa. Dist. & Cnty. Dec. LEXIS 360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/equitable-life-assurance-society-v-stitzel-pactcomplcumber-1981.