Lowe v. Rennert

869 S.W.2d 199, 1993 Mo. App. LEXIS 1916, 1993 WL 501037
CourtMissouri Court of Appeals
DecidedDecember 6, 1993
DocketNo. 18208
StatusPublished
Cited by3 cases

This text of 869 S.W.2d 199 (Lowe v. Rennert) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lowe v. Rennert, 869 S.W.2d 199, 1993 Mo. App. LEXIS 1916, 1993 WL 501037 (Mo. Ct. App. 1993).

Opinion

FLANIGAN, Presiding Judge.

“It’s to plaintiff Lowe’s detriment to be insured by people that he has, rightly or wrongly, some physical fear of,” said plaintiffs attorney, James R. Robison, during his opening statement to the trial judge. The events which gave rise to that remark are bizarre and perhaps unique.

Plaintiff Don Lowe brought this action against defendants Ruth Rennert, individually and as Executrix of the Estate of Stanley Rennert, deceased, Martin Rennert, Yvonne Guttman, Prudential Insurance Company of America, and Jackson National Life Insurance Company. The three individual defendants are the children of Stanley Rennert, deceased, and they are the beneficiaries and owners of two life insurance policies issued by Prudential and one life insurance policy issued by Jackson National. Plaintiff Lowe is the insured in each policy.

Lowe’s petition sought a mandatory injunction compelling the defendants to cancel the three policies and a declaratory judgment that none of the individual defendants or the Estate of Stanley Rennert had any insurable interest in Lowe’s life.

The petition alleged the matters set forth in the following five paragraphs:

Lowe at one time was “obligated to make certain payments” to the late Stanley Ren-nert and, upon the death of Stanley Rennert, that obligation became an asset of his estate. At the request of Stanley Rennert, Lowe consented to have Jackson National issue a policy of life insurance, in the amount of $235,000, on the life of Lowe “as collateral security.” After the death of Stanley Ren-nert, Ruth Rennert requested Lowe to consent to the issuance by Prudential of a policy on Lowe’s life to replace the Jackson National policy. Lowe agreed to apply for a Prudential policy to serve as collateral security on the debt Lowe owed Stanley Rennert, pending negotiations for settlement of a lawsuit in Scott County, Case CV 381-202CC, in which Ruth Rennert, as executrix of her father’s estate, was plaintiff and Lowe and his wife were defendants.

Ruth Rennert failed to cancel the Jackson National policy but instead arranged to have the Jackson National policy transferred to the ownership of the three individual defendants. The application for the Prudential policy was conditioned upon cancellation of the Jackson National policy. Ruth Rennert utilized Lowe’s application to obtain a Prudential policy on the life of Lowe.

In the fall of 1984, the parties in Case CV 381-202CC entered into a stipulation by which Lowe was to pay to Ruth Rennert “certain monies” [$96,000 plus interest] in installments in full satisfaction of Lowe’s obligation to the late Stanley Rennert which was the subject matter of Case CV 381-202CC. Lowe paid the installments when due, and Case CV 381-202CC was dismissed with prejudice, thereby eliminating Lowe’s obligation to Stanley Rennert. After that dismissal, neither the individual defendants nor the Estate of Stanley Rennert had any insurable interest in the life of Lowe, nor any right, contractual or otherwise, to continue to maintain insurance on Lowe’s life.

Although the cancellation of the Jackson National policy was an express condition of Lowe’s agreement to allow the estate to obtain the Prudential policy, Ruth Rennert continued to maintain in force insurance on Lowe’s life with both Prudential and Jackson National and, without Lowe’s knowledge or consent, caused the policy to be modified or replaced by other policies, including an additional $250,000 policy [Prudential], taken out by Ruth Rennert subsequent to 1987. The [201]*201individual defendants are now the “nominal owners” of insurance on the life of Lowe in the amount of at least $685,000. The insurance was issued solely as security for a debt which no longer exists.

The policies of life insurance are contrary to public policy and are void. Lowe was never a debtor of the individual defendants and all of his indebtedness to the estate of their father was extinguished by compliance with the stipulation for settlement of Case CV 381-202CC. Defendant’s efforts to maintain insurance on the life of Lowe is an effort to gamble on Lowe’s life and should be declared void as against public policy. By failing to cancel the insurance, Ruth Rennert is in violation of the settlement agreement of Case CV 381-202CC.

The executrix and the three individual defendants filed a joint answer, containing certain admissions and denials. The answer also alleged the matters set forth in the following three paragraphs:

Stanley Rennert obtained a $235,000 life insurance policy from Jackson National on Lowe’s life, but the policy was not issued as collateral security. At all times, Stanley Rennert and his estate or heirs have been the owner of the policy and have paid all the premiums. Plaintiff is not the owner or beneficiary and has no interest in the Jackson National policy or the Prudential policy. There were no conditions attached to the issuance of the Prudential policy, and these defendants are the owners and beneficiaries of the Prudential policy and have paid all premiums. Near the time when the Prudential policy was obtained with the consent of Lowe, Lowe owed these defendants over $600,000. On August 26,1981, Ruth Rennert properly made arrangements to have the ownership of the Jackson National policy changed from Stanley Rennert to the beneficiaries of his estate, and she was not required to cancel the Jackson National policy.

Both before and after the stipulation was filed in Case CV 381-202CC, defendants sought to recover the payment from Lowe, or through life insurance, all sums owed on the original obligation of Lowe to Stanley Ren-nert plus attorney’s fees and insurance premiums incurred by the Estate of Stanley Rennert or the three individual defendants. All of said sums represented an insurable interest when the policies were issued. Lowe consented to the issuance of $400,000 insurance on his life with Prudential as a condition precedent to any settlement of Case CV 381-202CC.

All parties to the settlement were aware of said insurance and consented to the issuance thereof even though the amount of moneys owed was compromised at a lesser sum at a later date. The stipulation for settlement was never released or finalized until said insurance was in force. These defendants do not know of any agreement between them and Lowe requiring cancellation or termination of the policies. Lowe has no interest in the policies.

The defendants filed cross-claims against both insurance companies. After a non-jury trial, the trial court entered judgment in favor of Lowe and against the defendants. The judgment declared that defendants Ruth Rennert, Martin Rennert, and Yvonne Gutt-man have no further right to maintain life insurance on the life of Lowe, and ordered all defendants to cancel the Jackson National policy ($235,000), Prudential Policy No. 71501839 ($200,000), and Prudential Policy No. 74912164 ($250,000). Any policy funds resulting from cancellation were ordered to be paid to Ruth Rennert, Martin Rennert, and Yvonne Guttman.

With respect to the cross-claims, the trial court found the issues against the individual defendants and in favor of Jackson National and Prudential. The propriety of that ruling has not been challenged. The two insurance companies played neutral roles in the trial court and made no appearance in this court. The appellants are Ruth Rennert, individually and as Executrix of the Estate of Stanley Rennert, deceased, Martin Rennert, and Yvonne Guttman.

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Cite This Page — Counsel Stack

Bluebook (online)
869 S.W.2d 199, 1993 Mo. App. LEXIS 1916, 1993 WL 501037, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lowe-v-rennert-moctapp-1993.