Monumental Life Insurance Company v. Linda Elain Donoho, et al.

Case Number
M2003-00269-COA-R3-CV

In this interpleader action, two former spouses of the decedent who are mothers of the decedent's three surviving children filed conflicting claims under two marital dissolution agreements alleging beneficial interests in a $50,000 life insurance policy. One claimed an interest for herself; the other claimed an interest for her two children. The matters in dispute arise from inconsistencies in marital dissolution agreements resulting from the decedent's two divorces, and pertain to the duty of the decedent to maintain life insurance and the beneficiary designations. The trial court granted one of two competing motions for summary judgment ruling against the second wife by dividing the proceeds equally among the decedent's three children. We reverse and modify holding that the second wife, not the decedent's third child, was the designated beneficiary of the disputed policy pursuant to the second marital dissolution agreement and that the decedent's first two children had vested interests in the insurance proceeds as mandated by the first marital dissolution agreement.

Authoring Judge
Judge Frank Clement, Jr.
Originating Judge
Judge John D. Wootten, Jr.
Case Name
Monumental Life Insurance Company v. Linda Elain Donoho, et al.
Date Filed
Dissent or Concur
No
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