Law v. Law

384 S.E.2d 891, 192 Ga. App. 367, 1989 Ga. App. LEXIS 1039
CourtCourt of Appeals of Georgia
DecidedJune 30, 1989
DocketA89A0301
StatusPublished

This text of 384 S.E.2d 891 (Law v. Law) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Law v. Law, 384 S.E.2d 891, 192 Ga. App. 367, 1989 Ga. App. LEXIS 1039 (Ga. Ct. App. 1989).

Opinion

Birdsong, Judge.

This appeal concerns the determination of the beneficiary’s right to proceeds of a Federal Employees Group Life Insurance (FEGLI) policy issued by the Metropolitan Life Insurance Company (Metropolitan). The appellant, Mary E. Law, is the ex-wife of the deceased, Clarence L. Law. They were married in 1946 and divorced in December 1977. In May 1978, Clarence Law married the appellee, Helen E. Law. He died in December 1982.

In June 1973, Mr. Law executed a form which designated Mary Law as the beneficiary of his FEGLI. Although the instructions for completing the form stated that the form “must be free of erasures or alterations,” there was a correction on the form because Mr. Law had mistakenly printed his own name in the place where the beneficiary should be indicated. Consequently, his name was lined out, and Mary Law’s name printed by Mr. Law on the next line. Mr. Law’s execution of the form was witnessed by David H. Alley, Mr. Law’s supervisor at work and personal friend. The signature of Rita Kozak, an employee of the local personnel office, also is in one of the spaces for witnesses, but it now appears that she did not witness Mr. Law’s execution of the form, and the record does not show that she witnessed Mr. Law’s execution of the form at any later time. This form with the correction was accepted, however, as Mr. Law’s designation of his beneficiary for his FEGLI.

Before his death in 1982, no other document concerning Mr. Law’s FEGLI beneficiary was received by the offices administering the FEGLI program. Thus, the 1973 designation was determined to be the only executed, witnessed, and filed designation of beneficiary for Mr. Law.

Both Mary Law and Helen Law filed claims to receive the FEGLI proceeds. As Metropolitan found Mary Law to be the only properly designated beneficiary, it advised Helen Law that it intended to pay [368]*368the proceeds to Mary Law. To prevent that payment, Helen Law filed suit against Mary Law and Metropolitan seeking to enjoin payment to Mary Law and to secure the proceeds for herself. Metropolitan was dismissed from the case after paying the proceeds of the policy into the court. Mary Law then filed a motion for summary judgment contending that as the only validly designated beneficiary, she was entitled to the proceeds as a matter of law. Helen Law filed pleadings opposing the motion, but did not specifically file either her own motion or a cross-motion for summary judgment. Her supplemental reply brief in opposition to Mary Law’s motion, however, asked the trial court to rule as a matter of law that the form designating Mary Law as the beneficiary was invalid. After first only denying Mary Law’s motion for summary judgment, the trial court then issued an “Amended Order” which corrected the prior order and granted summary judgment to Helen Law.

Mary Law now appeals from the grant of summary judgment to Helen Law and assigns as error the denial of her motion and the grant of summary judgment to Helen Law. Held:

1. Mary Law’s entitlement to summary judgment turns initially on the validity of her designation as Clarence Law’s beneficiary in 1973. If she is the valid beneficiary, she would be entitled to the proceeds. Liles v. Russell, 230 Ga. 686, 691 (198 SE2d 873).

We must note at the outset, however, that this is not the usual life insurance policy, but instead one for federal employees and is regulated by the laws of the United States and the regulations promulgated by the appropriate federal agencies implementing those laws. Knowles v. Metro. Life Ins. Co., 514 FSupp. 515 (N.D. Ga. 1981). Of course, federal law and regulations preempt inconsistent state law. Fidelity Fed. Savings &c. Assn. v. de la Cuesta, 458 U. S. 141 (102 SC 3014, 3022, 73 LE2d 664); Metropolitan Life Ins. Co. v. McShan, 577 FSupp. 165, 166 (N.D. Cal. 1983).

In this instance, 5 USC § 8705 (a) prescribes the procedure for designating a FEGLI beneficiary and determines the order of payment: “The amount of group life insurance . . . insurance in force on an employee at the date of his death shall be paid, on the establishment of a valid claim ... in the following order of precedence: First, to the beneficiary or beneficiaries designated by the employee in a signed and witnessed writing received before death in the employing office or, if insured because of receipt of annuity or of benefits under subchapter I of . . . this title ... in the [proper federal office]. For this purpose, a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed has no force or effect.”

This code section does not specify the number of persons required to witness a designation of beneficiary, nor does it contain any [369]*369provisions on erasures and alterations on the designation form. To the contrary, the section provides only that the designation be in writing, signed by the employee, witnessed, and received before the employee’s death.

To appreciate fully the significance of the code provisions concerning “a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed,” one must note that in 1966 Congress specifically amended the law to state that “a document not so executed and filed has no force or effect.” Public Law 89-374; 80 STAT 78. This amendment was made specifically to clarify the intent of Congress that such documents must be properly executed, witnessed, and “properly received” in the appropriate office before the death of the insured. Senate Report No. 1064, 89th Congress, 2d Session, reprinted in 1966 Congressional & Administrative News, pp. 2070-2071. Further, the amendment was intended to prohibit documents not properly executed and filed from being given the effect of changing a beneficiary, as one federal court permitted before the section was changed. See generally O’Neal v. Gonzalez, 839 F2d 1437 (11th Cir. 1988).

Pursuant to the grant of authority by Congress, 5 USC § 8716(a), the federal agencies charged with administering the FEGLI program published regulations necessary to carry out the purposes of the law. These regulations have the force and effect of law. Knowles v. Metro. Life Ins. Co., supra.

Before January 6, 1988, the applicable regulation, 5 Code of Federal Regulations, Part 870.901, stated no number of witnesses required to execute properly a designation of beneficiary. This regulation was changed on that date to require that there be two witnesses. 52 Federal Register, No. 234, pp. 46343-46344, December 7, 1987. There are also no provisions in the regulations concerning erasures or alterations on the designation form.

Considering the designation of beneficiary executed by Clarence Law in June 1973, in light of the law and regulation cited above, there is no doubt that it was properly executed. The laws and regulations in effect at that time required only that the form be executed by Mr. Law, that it be in writing, that it be witnessed, and that it be received in Mr. Law’s employing office before his death. The June 1973 designation met all of those requirements. Further, the office administering the FEGLI has determined that this form was the only one properly executed and filed. Although Helen Law argues that Mr.

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

Related

Liles v. Russell
198 S.E.2d 873 (Supreme Court of Georgia, 1973)
Belote v. Belote
306 S.E.2d 24 (Court of Appeals of Georgia, 1983)
Maxwell v. Britt
319 S.E.2d 88 (Court of Appeals of Georgia, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
384 S.E.2d 891, 192 Ga. App. 367, 1989 Ga. App. LEXIS 1039, Counsel Stack Legal Research, https://law.counselstack.com/opinion/law-v-law-gactapp-1989.