Peoples v. Peoples

527 So. 2d 1288, 1988 Ala. LEXIS 255, 1988 WL 68893
CourtSupreme Court of Alabama
DecidedJune 17, 1988
Docket87-498
StatusPublished
Cited by1 cases

This text of 527 So. 2d 1288 (Peoples v. Peoples) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Peoples v. Peoples, 527 So. 2d 1288, 1988 Ala. LEXIS 255, 1988 WL 68893 (Ala. 1988).

Opinion

PER CURIAM.

The relevant facts and the resolution at trial are set out in the following “final judgment” entered by Judge Marvin Cher-ner:

“FINAL JUDGMENT

“This case has now been submitted for decision by this Court following an eviden-tiary hearing on the issues presented.

“Charles Earl Peoples died on June 20, 1986. At the time of his death, he was an employee of the City of Birmingham and as such employee was provided insurance coverage under a group insurance policy issued by Liberty National Life Insurance Company.

“On September 12, 1979, Charles Earl Peoples executed a form entitled ‘Enrollment for City of Birmingham Group Life Insurance Issued by Liberty National Life Insurance Company,’ for the purpose of designating his father, Woodrow Peoples, as the beneficiary of the proceeds payable under the group life insurance policy in the event of his death.

“Charles Peoples was bom on November 29, 1951. It became apparent when Charles had attained the age of thirteen or fourteen that Charles’s health was not [1289]*1289good. He suffered primarily from diabetes and from a number of other conditions brought on by diabetes. As he grew older, his health continued to deteriorate. By November, 1980, when Charles was almost 29 years of age, he suffered from diabetes, from mellitus problems with his kidneys, and from peripheral arterial insufficiency problems with his feet. He also had diabetic retinosity, or poor vision, caused by his diabetic condition.

“On November 12, 1980, Charles was married to Antoinette Peoples. The marriage ceremony took place in the hospital because Charles was hospitalized at the time.

“As a result of Charles’s death, the face amount of $36,000.00 plus interest from the date of death became payable to the beneficiary designated by Charles to receive the same.

“Because Charles’s father, Woodrow Peoples, Sr., made claim as the beneficiary and Charles’s wife, Antoinette, also made claim, Liberty National filed a bill of inter-pleader in this case and has paid the sum of $36,230.00 representing principal in the amount of $36,000.00, together with interest earned on the same, to the Register of this Court.

“Having fully discharged its obligation under the insurance contract, Liberty National by order rendered by this Court on October 3, 1986, was dismissed as plaintiff in this case, and the Register was directed to restyle this case....

“Woodrow Peoples now makes claim to the amount of the insurance benefits as the duly designated beneficiary under the form executed by Charles Peoples on September 12, 1979.

“Antoinette Peoples also makes claim to the insurance proceeds, saying that Charles during his lifetime effected by parol a change of the beneficiary ... under the policy and designated her as such beneficiary.

“The issue presented then is whether Charles Earl Peoples did effect a parol change of the designation of beneficiary of the proceeds payable under his group life insurance contract with Liberty National by designating Antoinette Peoples as beneficiary.

“In support of her position that Charles did make such designation, Antoinette Peoples has submitted in evidence copies of three forms, collectively identified as Defendant’s Exhibit 3, at least one of which relates to health or medical insurance. This one is an application to Blue Cross and Blue Shield of Alabama dated December 4, 1980. Another relates to the application and names Antoinette Peoples as the wife of Charles Peoples.

“Still another form is labeled, ‘City of Birmingham Personnel Data Sheet.’ This form was filled out by hand printed letters and numbers indicating the Social Security number, name, and address of Charles Peoples. On line 27, under the printed letters, ‘Life Insurance Beneficiary,’ the name of Antoinette D. Peoples has been printed by hand. However, no signature appears on this document.

“All three forms were in the file of the payroll coordinator employed by the City of Birmingham and [were] not a part of Charles Earl Peoples’s personnel file.

“Joni Perley, employee benefits manager employed by the City of Birmingham, testified that in order for any employee of the City of Birmingham to designate a person as beneficiary of his group insurance policy, it is necessary that that person sign an enrollment card similar to the one executed by Charles Peoples designating his father, Woodrow Peoples, as such beneficiary. Joni Perley further testified that the form styled ‘Personnel Data Sheet’ was customarily completed and signed by someone in the payroll coordinator’s office as a result of an interview with the employee named in the sheet. She testified that the Personnel Data Sheet was usually discarded after having first been used to place the information recorded on the sheet in the computer. The designation of the life insurance beneficiary would also be recorded in the computer but only if the Personnel Data Sheet was accompanied by an enrollment card designating such beneficiary which had been properly signed by the employee and [1290]*1290dated. Because no such enrollment card designating Antoinette Peoples had ever been signed by Charles Earl Peoples, the records in her office indicated that the father, Woodrow Peoples, was entitled to the insurance proceeds payable on Charles Peoples’s death.

“In support of her position that Charles Peoples by parol effected a change of the beneficiary of the insurance benefits, Antoinette Peoples herself testified that Charles Peoples [had] requested the necessary forms to effect the change and [that] these forms were on the desk of a supervisor in the computer room on December 4, 1980, when he came to work that day. She testified that all of the handwritten words on all three forms identified as Defendant’s Exhibit 3 were in her handwriting and that she completed these forms at the request of and under the direction of Charles Peoples. She also testified that she had herself signed Charles Peoples’s name on the application to Blue Cross and Blue Shield of Alabama at the direction of Charles Peoples. She said that Charles Peoples at the time could not see to write to fill out the form because it was on white background and that he told her what to write.

“However, she only signed his signature to the application for Blue Cross and Blue Shield insurance and left the other document, i.e., the Personnel Data Sheet, for Charles to sign.

“Antoinette’s testimony in court that she herself filled out the information on the Personnel Data Sheet, as well as the information on the other forms, is inconsistent with the statement made by her by affidavit earlier on November 22, 1986. In that affidavit, Antoinette Peoples said that Charles filled out the forms relating to his insurance and she filled out at his request a change of beneficiary form. Antoinette testified:

“‘Subsequent to that marriage Charles filled out for delivery changes in his group medical policy and his group life insurance to effect his change of circumstances. The changes in the group medical policy added me and my three daughters as added beneficiaries; and the change in his group life insurance added me as the named beneficiary. At the time these changes were being effected, Charles was having problems with his vision and so he requested that I fill out the change in beneficiary form. The form was filled out and Charles returned it to his office where it was placed in his employee file.’

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Cite This Page — Counsel Stack

Bluebook (online)
527 So. 2d 1288, 1988 Ala. LEXIS 255, 1988 WL 68893, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peoples-v-peoples-ala-1988.