Hook v. Hook

683 P.2d 507, 101 N.M. 390
CourtNew Mexico Supreme Court
DecidedJune 28, 1984
DocketNo. 14934
StatusPublished
Cited by1 cases

This text of 683 P.2d 507 (Hook v. Hook) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hook v. Hook, 683 P.2d 507, 101 N.M. 390 (N.M. 1984).

Opinion

OPINION

WALTERS, Justice.

Phyllis Hook, second wife and widow of Bruce Hook, appeals the trial court’s determination that she received the proceeds from a Government Life Insurance policy (GLI), upon her husband’s death, in constructive trust for the benefit of Pat Hook, Bruce’s first wife. Phyllis contends that the trial court had no jurisdiction to decide the matter and that the decision was otherwise wrong on the merits. The case presents discrete issues of first impression in this jurisdiction.

Following a trial on Pat Hook’s complaint for restitution, in which she alleged that she had been deprived of certain insurance proceeds contrary to the provisions of a divorce decree requiring that she be maintained by Bruce as the beneficiary of four policies, the trial court made the following findings:

2. Plaintiff was divorced from Bruce Hook on April 6, 1978, in Cause No. DR-77-04593, Bernalillo County.
3. The Final Decree thereon ordered Bruce Hook to maintain certain life insurance policies to the benefit of Plaintiff. One of these policies was Veterans Administration Insurance Policy No. V-16012082310-295C.
4. Defendant married Bruce Hook on September 19, 1981.
5. Thereafter, Bruce Hook changed the beneficiary of Veterans Administration Insurance Policy No. V-16012082310295C, from Plaintiff to Defendant, in violation of the Final Decree in Cause No. Dr 77-04593. This was done without the knowledge and consent of Plaintiff.
6. On February 9, 1982, Bruce Hook died.
7. Defendant made application for and received $10,000.00 from the Veterans Administration policy. The money was received prior to April 1, 1982. Defendant refused to deliver the monies received on this policy to Plaintiff.
8. That at the time of trial herein no person had opened a probate proceeding for the estate of Bruce Hook.

The court’s conclusions were:

1. The Court has jurisdiction over the parties and the subject matter of this suit.
2. The Final Decree filed in Bernalillo County District Court Cause No. DR-77-04593 was a valid and binding decree, and Bruce Hook wrongfully changed the beneficiary provisions of Veterans Administration Insurance Policy No. V-16012082310-295C.
3. The proceeds of the Veterans Administration Insurance Policy No. V-16012082310-295C in the amount of $10,-000.00 are rightfully the property of Plaintiff.
4. Defendant received the Veterans Administration policy proceeds of $10,000.00 in constructive trust for Plaintiff.
5. To allow Defendant to retain said proceeds would result in unjust enrichment to her.
6. Pursuant to § 56-8-3 NMSA (1978), Plaintiff should recover interest on the $10,000.00 from April 1, 1982, until paid at the rate provided therein.
7. Plaintiff should recover her costs. Phyllis Hook argues that (1) the federal

courts have exclusive jurisdiction of controversies over Government Life Insurance policies; (2) that Bruce Hook had the absolute right to change beneficiaries; and (3) that the court committed error in concluding that the proceeds rightfully were the property of Pat and that to permit Phyllis to retain the proceeds would result in Phyllis’s unjust enrichment.

I.

We answer the first two of Phyllis’s contentions together because Phyllis relies on 38 U.S.C. § 717(a) (1979) to establish both propositions. That statute provides unequivocally that, with respect to government life insurance, “[t]he insured shall have the right to designate the beneficiary * ' s and shall * * * at all times have the right to change the beneficiary or beneficiaries without the consent of such beneficiary or beneficiaries.”

We agree with Phyllis and hold that her second point is well taken. The statute is unambiguous; where the issue has been raised, courts have invariably held that the insured’s right to change beneficiaries, for whatever reason, is absolute and is not to be denied by either a federal or state court. See, e.g., Wissner v. Wissner, 338 U.S. 655, 70 S.Ct. 398, 94 L.Ed. 424 (1950); Roecker v. United States, 379 F.2d 400 (5th Cir. 1967), cert. denied, 389 U.S. 1005, 88 S.Ct. 563, 19 L.Ed.2d 600 (1967).

As to Phyllis’s first point, i.e., that only a federal court has jurisdiction over cases concerned with GLI claims, she is mistaken. Federal law governing such insurance policies will be applied, Wissner v. Wissner; Dyke v. Dyke 227 F.2d 461 (6th Cir.1955). There is no impediment that we know of, however, which prevents a state court from applying federal law to federally controlled issues arising in state courts, any more than a federal court is prevented from applying state law to issues arising in a case filed in federal court which are properly governed by state law. See Roecker; De Silva v. Ballentine, 351 U.S. 570, 76 S.Ct. 974, 100 L.Ed. 1415 (1956). As we said in United Nuclear Corp. v. General Atomic Co., 98 N.M. 633, 642, 651 P.2d 1277, 1286 (1982):

A congressional intent to establish exclusive jurisdiction in the federal courts is not to be lightly inferred. Dowd Box Co. v. Courtney, 368 U.S. 502, 82 S.Ct. 519, 7 L.Ed.2d 483 (1962). Jurisdiction in the state court must be affirmed “where it is not excluded by express provision, or by incompatibility in its exercise arising from the nature of the particular case.” Claflin v. Houseman, 93 U.S. 130, 136, 23 L.Ed. 833 (1876).

We are not cited to any federal statute conferring exclusive jurisdiction in the federal court, nor have we found any. The trial court’s Conclusion No. 1 was correct.

II.

We come, therefore, to the meat of this appeal: If decedent had the absolute right to change beneficiaries, can the terms of a state divorce decree dictate the disposition of the insurance proceeds to one other than the named beneficiary?

We observe at the outset that this suit is not an attack on the validity or effectiveness of Bruce Hook’s change of beneficiary designation. The complaint alleged that, under the divorce decree, Bruce was obliged to maintain Pat as beneficiary of four insurance policies, the policies which had been determined to be items of community property, and one of which was the insurance policy here at issue.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Edwards v. First Federal Savings & Loan Ass'n
696 P.2d 484 (New Mexico Court of Appeals, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
683 P.2d 507, 101 N.M. 390, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hook-v-hook-nm-1984.