Holycross v. Holycross

858 N.E.2d 805, 112 Ohio St. 3d 203
CourtOhio Supreme Court
DecidedJanuary 3, 2007
DocketNo. 2005-2281
StatusPublished
Cited by11 cases

This text of 858 N.E.2d 805 (Holycross v. Holycross) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Holycross v. Holycross, 858 N.E.2d 805, 112 Ohio St. 3d 203 (Ohio 2007).

Opinion

Lundberg Stratton, J.

I. Introduction

{¶ 1} Upon divorce, R.C. 1339.63 operates to automatically revoke a spouse as beneficiary to an insurance policy that is owned by the other spouse. The trial court followed Aetna Life Ins. Co. v. Schilling (1993), 67 Ohio St.3d 164, 616 N.E.2d 893, which held that applying R.C. 1339.63 to an insurance policy purchased prior to May 31, 1990, the effective date of the statute, is unconstitutional because it violates the Contracts Clause of Section 28, Article II of the Ohio Constitution. The court of appeals affirmed. We also hold that Schilling controls, and we therefore affirm the judgment of the court of appeals.

II. Facts

{¶ 2} Michael Holycross was married to Carol Zerkle. Michael received a life insurance policy through his employer, and in 1972 he named Carol as beneficiary. In 1993, Michael and Carol were divorced. The divorce decree did not indicate any change to the policy, and Carol remained the named beneficiary.

{¶ 3} On May 3, 1997, Michael married appellant, Barbra Holycross. On February 4, 2003, Michael died, and the insurer paid the proceeds from the life insurance policy ($32,532) to Carol. Barbra claimed that pursuant to R.C. 1339.63, she was the proper beneficiary of the proceeds as Michael’s surviving spouse.

{¶ 4} Barbra objected to the appointment of Michael’s son Matthew as the executor of Michael’s estate, alleging that he was unsuitable because he refused to pursue litigation to recover the proceeds from the life insurance policy for the estate. On March 16, 2004, the probate court overruled Barbra’s objections.

[205]*205{¶ 5} Barbra then filed exceptions to the inventory of Michael’s estate. Specifically, she alleged that the proceeds from the policy were assets of Michael’s estate that were wrongly omitted from its inventory and therefore she was entitled to the proceeds. The probate court overruled Barbra’s exceptions to the inventory, holding that Schilling was controlling. Barbra appealed, but the court of appeals affirmed.

{¶ 6} The cause is now before this court pursuant to the acceptance of Barbra’s discretionary appeal.

III. Analysis

{¶ 7} R.C. 1339.63 provides:

{¶ 8} “(A) As used in this section:

{¶ 9} “(1) ‘Beneficiary’ means a beneficiary of a life insurance policy, an annuity, a payable on death account, an individual retirement plan, an employer death benefit plan, or another right to death benefits arising under a contract.

{¶ 10} “* * *

{¶ 11} “(B)(1) Unless the designation of beneficiary or the judgment or decree granting the divorce, dissolution of marriage, or annulment specifically provides otherwise, and subject to division (B)(2) of this section, if a spouse designates the other spouse as a beneficiary or if another person having the right to designate a beneficiary on behalf of the spouse designates the other spouse as a beneficiary, and if, after either type of designation, the spouse who made the designation or on whose behalf the designation was made, is divorced from the other spouse, obtains a dissolution of marriage, or has the marriage to the other spouse annulled, then the other spouse shall be deemed to have predeceased the spouse who made the designation or on whose behalf the designation was made, and the designation of the other spouse as a beneficiary is revoked as a result of the divorce, dissolution of marriage, or annulment.”

{¶ 12} R.C. 1339.63 provides that ending a marriage by divorce, dissolution, or annulment automatically revokes the designation of a spouse as beneficiary to an insurance policy owned by the other spouse, unless the beneficiary designation or the divorce decree or judgment specifically provides otherwise.

A. Schilling Still Controls

{¶ 13} Barbra claims that Carol waived her right to argue that she was entitled to any proceeds from the policy. Barbra argues that because R.C. 1339.63 existed when Michael and Carol were divorced, Carol was on notice that her status as beneficiary would be automatically revoked. Thus, Barbra argues, Carol had an obligation to preserve her status as beneficiary to the policy prior to [206]*206the divorce, and her failure to do so in the divorce decree means that she waived her right to any claim to the insurance proceeds. We disagree.

{¶ 14} More than 13 years ago, we examined R.C. 1339.63 to determine whether applying it to an insurance policy that was executed before the statute became effective violated the Contracts Clause of the Ohio Constitution. Schilling, 67 Ohio St.3d 164, 616 N.E.2d 893.

{¶ 15} In Schilling, Herma Schilling was a beneficiary on a life insurance policy owned by her husband, Lawrence Schilling. The beneficiary to this policy was never changed. On March 17, 1977, Herma and Lawrence were divorced. In December 1988, Lawrence entered into a common-law marriage with Molly Lehman.

{¶ 16} On June 19, 1990, Lawrence died. R.C. 1339.63 had become effective the previous month. Both the ex-wife and the surviving spouse claimed to be the beneficiary under the insurance policy. The ex-wife argued that she was the named beneficiary under the policy. The surviving spouse argued that pursuant to R.C. 1339.63, she was a beneficiary by operation of law as the husband’s surviving spouse.

{¶ 17} The issue before this court was whether applying R.C. 1339.63 to automatically revoke the ex-wife’s status as a beneficiary of an insurance policy that existed prior to the statute violated Section 28, Article II of the Ohio Constitution, which provides: “The general assembly shall have no power to pass retroactive laws, or laws impairing the obligation of contracts * * We found that “[a]t the time of the decedent’s death, all conditions for payment of the death benefits were satisfied and, therefore, [the insurer] was contractually bound to pay the insurance proceeds to [the named beneficiary, the ex-wife].” Schilling, 67 Ohio St.3d at 167, 616 N.E.2d 893. Thus, “[t]he effect of R.C. 1339.63 is to nullify a husband’s or wife’s designation of his or her spouse as the beneficiary of death benefits payable under contract where the marital relationship was terminated after the designation was made and if the designation or the judgment or decree of divorce, dissolution or annulment does not specifically provide otherwise.” Id. Therefore, we held that “[t]he provisions of R.C. 1339.63, as applied to contracts entered into before the effective date of the statute, impair the obligation of contracts in violation of Section 28, Article II of the Ohio Constitution.” Id. at syllabus.

{¶ 18} Nevertheless, Barbra argues that Schilling is distinguishable from the instant case because, unlike in Schilling, the divorce in the instant case occurred after R.C. 1339.63 became effective. Barbra refers to a footnote in Schilling to argue that the date of the divorce, not the date of the insurance policy, is controlling in this case.

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Cite This Page — Counsel Stack

Bluebook (online)
858 N.E.2d 805, 112 Ohio St. 3d 203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holycross-v-holycross-ohio-2007.