Prudential Insurance Co. v. Hearon

833 S.W.2d 31, 1992 Mo. App. LEXIS 1060, 1992 WL 144985
CourtMissouri Court of Appeals
DecidedJune 30, 1992
DocketNo. 60713
StatusPublished

This text of 833 S.W.2d 31 (Prudential Insurance Co. v. Hearon) 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
Prudential Insurance Co. v. Hearon, 833 S.W.2d 31, 1992 Mo. App. LEXIS 1060, 1992 WL 144985 (Mo. Ct. App. 1992).

Opinion

AHRENS, Judge.

In this interpleader action, Linda Hearon, appellant, appeals from the trial court’s judgment awarding the proceeds of a life insurance policy to Mary Hearon, respondent. We reverse and remand.

The facts are not in dispute. Johnnie L. Hearon (decedent) was a member of the United States Army Reserve and an insured under a Servicemen’s Group Life Insurance (SGLI) policy. Decedent and respondent married on May 29, 1970; the couple divorced on August 23, 1978. On March 14, 1987, decedent executed and filed with his uniformed service form SGLV-8286 designating the beneficiary of his SGLI policy was to be determined “By Law.” The provisions on the reverse side of that form explained that a “By Law” designation would result in distribution of the proceeds in the following order:

1. Widow or widower; if none, it is payable to
2. Child or children in equal shares with the share of any deceased child distributed among the descendants of that child; if none, it is payable to
3. Parent(s) in equal shares; if none, it is payable to
4. A duly appointed executor or administrator of the insured’s estate, and if none to
5. Other next of kin.

Further, the provisions reminded the insured:

NOTE: If you want a specific person to receive your insurance, then you must name the person in Part 2, otherwise, it will be paid as provided above.

Decedent executed and, on October 14, 1987, filed with his uniformed service a Record of Emergency Data Form (REDF). That form is divided into sixteen sections. In section 4 decedent listed respondent as his “spouse”; and in section 10 he designated her the beneficiary of his “Unpaid Pay and Allowances.” In section 12(a) titled, “SGLI (Optional Service Use),” an “x” was placed in the box next to the word “maximum.” The form provides no section for designating the beneficiary of the SGLI policy proceeds.

Decedent and appellant married on January 20, 1988. Decedent died on March 28, 1988. Prudential filed this interpleader action. Noting that decedent’s death certificate listed the cause of death as “ ‘gunshot wounds at hands of another,’ ” Prudential alleged that “it is in serious doubt as to whom is entitled to [the policy proceeds and interest thereon].”

Appellant and respondent submitted the case on memoranda of law and an Agreed [33]*33Statement of Facts.1 In entering judgment in favor of respondent, the trial court stated:

Regardless of who Johnnie Hearon listed as his wife, he still chose to list Mary Hearon as the beneficiary of the SGLI proceeds. The Record of Emergency Data Form has changed the beneficiary from a “By Law” designation to Mary Hearon as beneficiary for unpaid pay and allotment designation under SGLI proceeds.

Appellant’s sole point asserts the trial court erred in awarding the life insurance proceeds to respondent because the trial court’s decision is not supported by substantial evidence, is against the weight of the evidence, and erroneously declares and applies the law.

Under the Servicemen’s Group Life Insurance Act, 38 U.S.C. § 1970(a):

Any amount of insurance under this sub-chapter in force on any member or former member on the date of the insured’s death shall be paid, upon the establishment of a valid claim therefor, to the person or persons surviving at the date of the insured’s death in the following order of precedence:
First to the beneficiary or beneficiaries as the member or former member may have designated by a writing received prior to death (1) in the uniformed services ... or (2) in the administrative office
Second, if there be no such beneficiary, to the widow or widower of such member or former member; Third, if none of the above, to the child or children of such member or former member and descendants of deceased children by representation; * * *

38 U.S.C. § 1970(a). The Act defines the terms “widow” and “widower” as “a person who is the lawful spouse of the insured member at the time of his death.” 38 U.S.C. § 1965(7).

Strict compliance with the provisions of the Servicemen’s Group Life Insurance Act “is necessary to avoid the placement of undue administrative burdens upon private insurance carriers resulting from disputes concerning the actual donative intent of insured servicemen.” Lanier v. Traub, 934 F.2d 287, 289 (11th Cir.1991). Due to “the difficulty involved in reconstructing a serviceman’s donative intentions after his death,” the “beneficiary designation provisions of the Act are to be interpreted strictly.” Id.

Federal courts have recognized that “writings other than the SGLI Election form, if received before death, may be relevant for the purpose of determining a deceased soldier’s intended beneficiary.” Prudential Ins. Co. v. Smith, 762 F.2d 476, 481 (5th Cir.1985); see Coomer v. United States, 471 F.2d 1 (5th Cir.1973). In the present case, however, the designation of respondent as the beneficiary of unpaid pay and allowances was not alone sufficient to constitute a designation of respondent as the beneficiary of the SGLI policy.

Respondent cites Bew v. United States, 286 F.2d 570 (4th Cir.1961), and Prudential Ins. Co. v. King, 453 F.2d 925 (8th Cir.1971), to support her argument that decedent’s “intent to name Respondent as his beneficiary for SGLI proceeds should be apparent” even though he “used a form not specifically designated for such purpose,” because decedent named respondent as his spouse and “marked the box ‘maximum’ referring to SGLI.... ” Bew and King are readily distinguishable.

In a section of the REDF relating to indemnity payments rather than insurance, the decedent in Bew stated that his wife was his sole beneficiary to the extent of $10,000. Bew, 286 F.2d at 571. The court noted that “there was no right to indemnity in any such amount and the $10,000 could refer only to insurance.” Id. The court found the decedent’s “purpose and intention clearly appear” on the REDF, and that form was properly given effect as a desig[34]*34nation of the insurance proceeds. Id. at 572. No such clear purpose or intention appears on the REDF in the present case. Unlike Bew, in the present case decedent’s designation of respondent on the REDF as the beneficiary of certain death benefits makes no reference to SGLI policy proceeds.

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833 S.W.2d 31, 1992 Mo. App. LEXIS 1060, 1992 WL 144985, Counsel Stack Legal Research, https://law.counselstack.com/opinion/prudential-insurance-co-v-hearon-moctapp-1992.