Martin v. Metropolitan Life Insurance Co.

516 So. 2d 1227, 1987 La. App. LEXIS 10843, 1987 WL 2077
CourtLouisiana Court of Appeal
DecidedDecember 2, 1987
DocketNo. 19148-CA
StatusPublished
Cited by6 cases

This text of 516 So. 2d 1227 (Martin v. Metropolitan Life Insurance Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Martin v. Metropolitan Life Insurance Co., 516 So. 2d 1227, 1987 La. App. LEXIS 10843, 1987 WL 2077 (La. Ct. App. 1987).

Opinion

JASPER E. JONES, Judge.

Plaintiffs-appellants brought this action challenging the deceased, Ben Martin, Jr.’s change of beneficiary on his life insurance policy based upon the deceased’s mental incompetency at the time of the change. Appellants now appeal the trial court judgment rejecting appellants’ claim. We affirm.

FACTS

Appellants on appeal in this matter is the deceased’s wife, Margaret Sikes Martin, his two sons, Benny Wayne Martin and Richard Earl Martin. Defendants below were Metropolitan Insurance Company, which issued the life insurance policy in question, and William Johnson, the named beneficiary on the deceased’s life insurance policy. A concurcus proceeding was invoked by Metropolitan Life against the original beneficiary, Margaret Sikes Martin, and the last named beneficiary, William Johnson, to determine which individual was entitled to the policy proceeds. Upon deposit of the insurance proceeds into the registry of the court, Metropolitan was dismissed from the proceeding. William Johnson is appellee on appeal.

Margaret Sikes Martin and Ben Martin, Jr., were married for thirty-four years. During their marriage Mr. Martin was employed by International Paper Company which provided to its employees a group life insurance policy issued by Metropolitan. In January of 1980 Mr. Martin designated his wife Margaret Sikes Martin as beneficiary on the Metropolitan life insurance policy in the amount of $111,000.

In December of 1982, Mr. Martin suffered a stroke which left him paralyzed on his right side, although not immobilized. Six months after his stroke in June of 1983, Mrs. Martin left Mr. Martin because of marital discord and Mr. Martin filed suit for legal separation.

The minute entry of rules disposed of by stipulation in the separation proceedings included language stating “plaintiff is to retain defendant as beneficiary on insurance policies.” The minute entry was made on August 15,1983. Thereafter, Mr. Martin made four changes in the named beneficiaries on the Metropolitan policy, the first occurring on August 24, 1983, in which he substituted his son, Benny Martin, as beneficiary. On February 14, 1984, Mr. Martin named Bonnie Johnson, his sister, and William Johnson, his brother-in-law, as beneficiaries. A third change occurred on September 10, 1984, in which Benny Martin was again named as beneficiary. The fourth and final change occurred on February 11, 1985 in which Mr. Martin again named his brother-in-law, William Johnson, as beneficiary. The policy remained in effect with William Johnson [1229]*1229the named beneficiary at the time of Mr. Martin’s death on September 28, 1985.

ISSUES

Appellant urges two issues for review on appeal:

(1) Did Mr. Martin have the mental capacity to change the beneficiary on his life insurance policy?
(2) Did Mr. Martin and his wife contrac-turally agree to retain Mrs. Martin as beneficiary?

CAPACITY

Appellants allege they are entitled to have Mrs. Martin reinstated as beneficiary because Mr. Martin lacked the mental capacity to change the beneficiary on his life insurance policy as a result of his December 1982 stroke.

A contract made by a noninterdicted decedent may be challenged under LSA-C.C. art. 1926 which provides:

A contract made by a noninterdicted person deprived of reason at the time of contracting may be attacked after his death, on the ground of incapacity, only when the contract is gratuitous, or it evidences lack of understanding or was made within 30 days of his death, or when application for interdiction was filed before his death.

In this case, the contract was not made within 30 days of Mr. Martin’s death. Mr. Martin was not interdicted at the time of his death nor was a petition for interdiction filed. The changing of a beneficiary under a life insurance policy is not a gratuity. Standard Life Ins. Co. v. Taylor, 428 So.2d 1294 (La.App.3d Cir.1983); Sizeler v. Sizeler, 170 La. 128, 127 So. 388 (La.1930). Appellants urge the contract evidences a lack of understanding by reason of there being four changes of beneficiaries on the policy within a twenty month span and because the decedent’s signature on the change of beneficiary forms were written with an unsteady hand.

The capacity to contract is presumed. Standard Life & Acc. Ins. Co. v. Pylant, 424 So.2d 377 (La.App.2d Cir.1982), writ den., 427 So.2d 1212 (La.1983). Exceptions to the presumption of capacity to contract must be shown quite convincingly and by the great weight of the evidence. First Nat. Bank of Shreveport v. Williams, 346 So.2d 257 (La.App.3d Cir. 1977); Kennedy v. Bearden, 471 So.2d 871 (La.App.2d Cir.1985).

At trial plaintiffs attempted to establish Mr. Martin’s mental incapacity at the time of changing beneficiaries through the testimony of the plaintiffs and the testimony of the deceased's doctor, Dr. A.C. Wadlington, Mrs. Betty Slaughter, a longtime acquaintance of Mr. Martin, and Mrs. Hazel Wright, Mr. Martin’s neighbor.

Dr. Wadlington testified Mr. Martin suffered from “organic brain syndrome” from his stroke resulting in Mr. Martin experiencing mental disorientation and slurring of the speech. Dr. Wadlington admitted he made no notes in his records of Mr. Martin being incompetent and admitted that if he had observed that Mr. Martin was mentally incompetent during his examinations that he would have noted this observation in his records. Dr. Wadlington did not testify that Mr. Martin was incompetent at the time he made the beneficiary change in the life insurance policy.

Mrs. Martin testified the deceased had mood swings with respect to religion, alternatively displaying a respectful attitude and then becoming enraged with the subject. She also related her husband displayed uncharacteristic behavior in his sex life and grooming habits in that he was immodest in dress and unconcerned with his hygiene. Mrs. Martin left their home after an altercation with her husband in which she allegedly feared for her personal safety.

Benny Martin and Richard Earl Martin both testified to having a generally strained relationship with their father. Both sons testified as to their belief their father was not mentally capable of understanding the consequences of changing beneficiaries on his life insurance policy. However, Richard Martin did relate his father continually used the insurance policy [1230]*1230as a threat. Benny Martin testified his father continued to drive his truck and handle his own bank account up until a week before his death.

Mrs. Betty Slaughter related her observation that Mr. Martin’s attitude toward money and his children had changed drastically after his stroke as Mr. Martin became concerned his children only wanted him for his money.

Mrs. Hazel Wright, Mr. Martin’s neighbor before and after his stroke, related her opinion “[Mr. Martin] was not mentally right” after his stroke and corroborated Mrs. Martin’s testimony regarding Mr. Martin’s lack of modesty and poor grooming habits. She also related an incident in which Mr. Martin threatened Mrs. Martin with a large file stating “I can kill anybody I want to.” Mrs. Martin also related further incidences of what she considered to be uncharacteristic, although not violent behavior of Mr. Martin.

The defendant called David Post, the deceased’s attorney, to testify at trial.

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Bluebook (online)
516 So. 2d 1227, 1987 La. App. LEXIS 10843, 1987 WL 2077, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-metropolitan-life-insurance-co-lactapp-1987.