Moore v. State Farm Life Insurance Co.

878 S.W.2d 946
CourtTennessee Supreme Court
DecidedJune 18, 1994
StatusPublished
Cited by5 cases

This text of 878 S.W.2d 946 (Moore v. State Farm Life Insurance Co.) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moore v. State Farm Life Insurance Co., 878 S.W.2d 946 (Tenn. 1994).

Opinion

OPINION

REID, Chief Justice.

This case presents for review summary judgment, affirmed by the Court of Appeals, that the husband, who was the primary beneficiary under a policy of insurance on the life of his wife, is barred by T.C.A. § 31-1-106 (1984) from receiving the proceeds of the policy because he was convicted, on a plea of guilty, of vehicular homicide for his wife’s death. This Court finds that because the proof does not show that the husband intended to kill the insured, his right to the proceeds was not forfeited.

State Farm Life Insurance Company issued certain policies of life insurance in which Lisa Viola Jordan was the named insured, Jack Lindsey Jordan was the primary beneficiary and Mrs. Jordan’s two minor children by a previous marriage were the secondary beneficiaries. Mrs. Jordan died as the result of injuries sustained in an automobile wreck caused by Mr. Jordan’s losing control of the vehicle in which she was a passenger. State Farm paid the proceeds of [947]*947the policies to Mr. Jordan, as primary beneficiary.

Jordan was charged with vehicular homicide pursuant to T.C.A. § 39-13-213(a) (1991). The two-count indictment charged Jordan with the “reckless killing of another by the operation of an automobile,” (1) “[a]s the proximate result of conduct creating a substantial risk of death or serious bodily injury to a person,” and (2) “[a]s the proximate result of the driver’s intoxication as set forth in § 55-10-401.” T.C.A. § 39-13-213(a). Mr. Jordan pled guilty to the charge of vehicular homicide but not specifically to either count.

The plaintiff, as guardian of the decedent’s minor children, filed suit against Jordan and State Farm claiming that T.C.A. § 31-1-106 effected a forfeiture of Jordan’s right to the insurance proceeds, and that they, as secondary beneficiaries, are entitled to recover the amount of the proceeds from Jordan and/or State Farm. Plaintiff, Jordan, and State Farm filed motions for summary judgment. The proof filed in support of the motions consisted of a copy of Jordan’s guilty plea and his affidavit, in which he acknowledged the date and place of the wreck and the death of his wife, but stated that he did not intend to lose control of the vehicle, he did not intend to injure or kill his wife, and the wreck was an accident. The trial court awarded summary judgment for the plaintiff, which concluded the case in the trial court. The Court of Appeals affirmed. The case is before this Court on State Farm’s appeal.

The Court of Appeals found the death of the insured was not the result of an “accident” within the meaning of T.C.A. § 31-1-106. The court stated the determinative issue to be:

whether the reckless killing of another by operation of an automobile in a manner which creates a substantial risk of death to another or whether the reckless killing of another which is the proximate result of the driver’s intoxication is an accident.

That court, after examining the definitions of “intentional,” “knowing,” “reckless,” and “criminal negligence” in the Criminal Code, T.C.A. § 39-11-302 (1991), concluded:

Under the proof in this record, Mr. Jordan intentionally drank the intoxicating beverages and drove his vehicle....
As we heretofore noted, this Court in Draper v. Draper [1987 WL 9667], [an unreported Court of Appeals decision], defined “accident” as an event occurring without intent or volition through careless unawareness, ignorance or a combination of causes producing an unfortunate result. Under T.C.A. § 39-ll-302(c) a person acts recklessly when he “is aware of, but consciously disregards a substantial and unjustifiable risk.” (Emphasis supplied.) Mr. Jordan’s knowledge of the risk and the complete disregard thereof takes his action out of the realm of accident according to the definition of accident approved in Draper.

Relying upon the Criminal Code definition of “reckless,” the Court of Appeals found that the forfeiture statute applies to a situation in which death is caused by a person who “consciously disregards a substantial and unjustifiable risk.”

T.C.A. § 31-1-106 provides:
Any person who shall kill, or conspire with another to kill, or procure to be killed, any other person from which the first named person would inherit the property, either real or personal, or any part thereof, belonging to such deceased person at the time of his death, or who would take the property, or any part thereof, by will, deed, or otherwise, at the death of the deceased, shall forfeit all right therein, and the same shall go as it would have gone under the provisions of § 31-2-104, or by will, deed or other conveyance, as the case may be, provided, that this section shall not apply to any such killing as may be done by accident or in self-defense.

The Court of Appeals focused on whether Jordan’s losing control of the automobile was an “accident”; however, the real issue is whether a person who causes the death of another by conduct penalized under T.C.A. § 39-13-213 is considered to have killed that person within the meaning of T.C.A. § 31-1-106. This Court concludes that the language and purpose of the statute requires that a beneficiary must have intend[948]*948ed to kill the insured before the beneficiary is barred from taking the proceeds of the policy.

The language of the statute supports the intent requirement. Under the statute, a person is barred from taking the property from another if he “shall kill, or conspire with another to kill, or procure to be killed” the person from whom he would take such property. The statute further provides that the bar “shall not apply to any such killing which may be done by accident....” Thus the legislature has grouped “kill,” “conspire,” and “procure” as actions which will work a forfeiture, and then has contrasted and distinguished this grouping from killings which result from “accident.” One who conspires to kill another person or procures the killing of a person necessarily intends that the other person will die. Because “kill” is on the same level as “conspire” and “procure,” the statute logically requires the same intent for the three methods of accomplishing death.

The requirement of intent, rather than a certain degree of criminal culpability, is supportive of the purpose of the statute, which is to remove the temptation to kill for monetary gain.

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Cite This Page — Counsel Stack

Bluebook (online)
878 S.W.2d 946, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-state-farm-life-insurance-co-tenn-1994.