Lottie B. Phillips v. United States of America, Wiley Phillips, Third Party Claimant-Appellant

Third Circuit

Lottie B. Phillips v. United States of America, Wiley Phillips, Third Party Claimant-Appellant

440 F.2d 993, 1971 U.S. App. LEXIS 10347

Court of Appeals for the Third Circuit·Decided May 6, 1971·No. 30802_1·Published

Opinion

PER CURIAM:

This veteran’s insurance claim having been presented to the trial court by stipulation of the parties on the record presented to the Board of Veterans Appeals, and the trial court having concluded *994 that the entire face amount of the policy of the deceased veteran should be paid to his wife as against the claim of the veteran’s father for one-half of the proceeds as contingent beneficiary, it appears that the ambiguity on the face of the official forms relating to the primary and contingent beneficiaries is such as to permit the trial court to resolve the issue in favor of the wife, as it did.

The judgment of the trial court is affirmed.

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PER CURIAM:

This veteran’s insurance claim having been presented to the trial court by stipulation of the parties on the record presented to the Board of Veterans Appeals, and the trial court having concluded *994 that the entire face amount of the policy of the deceased veteran should be paid to his wife as against the claim of the veteran’s father for one-half of the proceeds as contingent beneficiary, it appears that the ambiguity on the face of the official forms relating to the primary and contingent beneficiaries is such as to permit the trial court to resolve the issue in favor of the wife, as it did.

The judgment of the trial court is affirmed.

Lottie B. Phillips v. United States of America, Wiley Phillips, Third Party Claimant-Appellant, 440 F.2d 993, 1971 U.S. App. LEXIS 10347 (3d Cir. 1971).

Pincite

440 F.2d 993 (Lottie B. Phillips v. United States of America, Wiley Phillips, Third Party Claimant-Appellant) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.