In Re Estate of Lobaina

705 N.W.2d 34, 267 Mich. App. 415, 2005 WL 1677542
CourtMichigan Court of Appeals
DecidedOctober 13, 2005
Docket260866
StatusPublished
Cited by17 cases

This text of 705 N.W.2d 34 (In Re Estate of Lobaina) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Estate of Lobaina, 705 N.W.2d 34, 267 Mich. App. 415, 2005 WL 1677542 (Mich. Ct. App. 2005).

Opinion

705 N.W.2d 34 (2005)
267 Mich. App. 415

In re ESTATE OF William Robert LOBAINA, Deceased.
Pamela S. Bolen, Guardian of Amanda Carmalina Lobaina, a minor, Plaintiff-Appellant,
v.
Karin A. Lobaina, Individually and as Personal Representative of the Estate of William Robert Lobaina, Deceased, Defendant-Appellee.

No. 260866.

Court of Appeals of Michigan.

Submitted July 7, 2005, at Grand Rapids.
Decided July 19, 2005, at 9:05 a.m.
Released for Publication October 13, 2005.

*35 Bensinger, Cotant & Menkes, P.C. (by Daniel J. Bebble), Gaylord, for the plaintiff.

Brandt Fisher Alward & Roy, P.C. (by Joseph C. Fisher and James R. Modrall, III), Traverse City, for the defendant.

Before: MURPHY, P.J., and SAWYER and DONOFRIO, JJ.

SAWYER, J.

Pamela Bolen and William Lobaina were divorced in 1991. Lobaina, who thereafter remarried, died on April 6, 2003. At the time of his death, the youngest child of the marriage, Amanda, was still a minor. Bolen filed a claim against Lobaina's estate for $40,000, representing the amount of the proceeds of a life insurance policy provided by Lobaina's employer. The life insurance policy named Lobaina's second wife, defendant Karin Lobaina, as the beneficiary. Plaintiff maintains that, pursuant to the judgment of divorce, the minor daughter should have been named as the beneficiary. Plaintiff appeals the trial *36 court's order of summary disposition, and we reverse and remand.

Plaintiff argues that her daughter was entitled to the proceeds of the life insurance policy under the terms of the judgment of divorce. We agree. Under a paragraph entitled "SUPPORT OF MINOR CHILDREN—LIFE INSURANCE," the divorce judgment provided as follows:

IT IS FURTHER ORDERED AND ADJUDGED that both Plaintiff and Defendant shall forthwith irrevocably designate the minor children as beneficiaries of any life insurance policies they may have by virtue of their employment and they shall continue said minor children as beneficiaries until such time as their obligation to support said minor children as hereinbefore provided shall have been terminated or until the further Order of the Court.

The judgment of divorce also provided that Lobaina, who was the plaintiff in the divorce action, was to pay child support until Amanda reached eighteen years of age or graduated from high school, but in no event past the age of nineteen and one-half. Amanda was sixteen-years old when her father died. Accordingly, the support obligation was still in place at the time of his death.

Plaintiff argues that, under the express terms of the judgment, Lobaina was obligated to name Amanda as the beneficiary of his employer-provided life insurance benefit. We agree. Because the judgment of divorce was entered upon the settlement of the parties, it represents a contract, which, if unambiguous, is to be interpreted as a question of law.[1] In Gramer v. Gramer,[2] the Court stated:

Judgments entered pursuant to the agreement of parties are of the nature of a contract. Massachusetts Indemnity & Life Ins. Co. v. Thomas, 206 Mich.App. 265, 268, [520] N.W.2d [708] (1994). Furthermore, a settlement agreement, which is what this property settlement agreement is, is a contract and is to be construed and applied as such. Id.; supra; Eaton Co. Bd. of Road Comm'rs v. Schultz, 205 Mich.App. 371, 379, [521] N.W.2d [847] (1994). Absent a showing of factors such as fraud or duress, courts act properly when they enforce such agreements. Balabuch v. Balabuch, 199 Mich.App. 661, 662, 502 N.W.2d 381 (1993). Interpretation of unambiguous and unequivocal contracts is a question of law. In re Loose, 201 Mich.App. 361, 366, 505 N.W.2d 922 (1993).

The life insurance provision in the judgment of divorce in this case is clear and unambiguous. Both parties to the divorce were to "irrevocably designate the minor children as beneficiaries of any life insurance policies they may have by virtue of their employment," and that obligation was to continue until their obligation to support the minor children was terminated. It is undisputed that Lobaina had a $40,000 life insurance policy provided through his employment and that there was still an obligation to support Amanda. Therefore, by the clear and unambiguous terms of the divorce judgment, Lobaina was obligated to name Amanda as the beneficiary of that policy. Accordingly, the trial court erred in ruling in defendant's favor.

Defendant relies on In re Monreal Estate,[3] for the proposition that provisions within divorce judgments requiring minor *37 children to be named as beneficiaries of life insurance policies serve the purpose of securing the child support obligation and the child's entitlement to the proceeds of the policy when the parent fails to name the child as a beneficiary is limited to the extent of the remaining unpaid support obligation.[4]Monreal certainly does support defendant's position. The language in the divorce judgment in that case is similar to that employed in the case at bar. But Monreal was decided before November 1, 1990, and therefore we are not obligated to follow it.[5] And we choose not to follow it.[6] First, there are other opinions that, on similar facts, reach the opposite conclusion.[7] Second, contrary to defendant's assertion, Monreal does not stand for the general proposition that the life insurance provision in a divorce judgment serves only to secure the unpaid child support. The Monreal Court recognized a number of different possible outcomes, concluding that treating the life insurance in that case as securing the payment of child support was the interpretation "more appropriate to the facts of this case."[8] Third, while the facts in Monreal are similar to those in the case at bar, we believe Monreal was incorrectly decided. As stated above, the clear and unambiguous language of the judgment, both in Monreal and in the case at bar, provides that the minor children shall be beneficiaries of the parents' life insurance policies. Although the continuing existence of the support obligation establishes the time frame for the continuing existence of the insurance beneficiary obligation, the explicit language of the judgment does not provide that the purpose of that obligation is merely to secure the payment of the child support obligation after death.

In Self, there was a similar provision in the divorce settlement. Specifically, it required that the minor children be maintained as beneficiaries of the father's employer-provided life insurance as long as the father's "`duty to support them shall continue.'"[9] The Self Court noted that Monreal had concluded that the life insurance policy in that case was intended to secure the payment of support, but stated that the language in the settlement in Self made it "clear" that the children would remain beneficiaries until the support obligation ended.[10] The Court also made the observation that the life insurance was intended to be part of the support obligation itself, rather than just a means to secure the support obligation.[11]

The Monreal Court looked to Gray v. Independent Liberty Life Ins. Co.,[12]

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Bluebook (online)
705 N.W.2d 34, 267 Mich. App. 415, 2005 WL 1677542, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-lobaina-michctapp-2005.