American United Life Ins. Co. v. Peffley, 572A220
| Decision Date | 24 January 1974 |
| Docket Number | No. 572A220,572A220 |
| Citation | 158 Ind.App. 29,306 N.E.2d 131 |
| Parties | AMERICAN UNITED LIFE INSURANCE COMPANY, Appellant (Defendant below), v. Becky A. PEFFLEY (Sanders), Appellee (Plaintiff below). |
| Court | Indiana Appellate Court |
The central factual issue in this case was whether the deceased-insured changed the beneficiary of a certain American United Life group life insurance policy on his life from Plaintiff-Appellee (Becky) to Louise, his first wife. To do so the deceased-insured would have been required to execute a Change of Beneficiary card.
Becky stipulated that a search had been made by the parties concerned for the original of a Change of Beneficiary card, 'if there was a card,' and maintains our opinion assumes Becky's acknowledgment of the existence of such card, a fact which Becky stoutly denies.
We held that Exhibits C, D, and E, excluded by the trial court, should have been admitted in evidence as they tended to support the execution of a Change of Beneficiary card by decedent. Our opinion carefully uses the words 'diligent search' and in no way implies that Becky stipulated the existence of the Change card. The existence or non-existence of the Change card was for the jury to determine and Exhibits C, D, and E tended to support the existence and the contents of such a writing.
The stipulation was recognized for just what it was and no more, i.e., a diligent search had been conducted for an instrument which may or may not have been in existence. No semantic sleight of hand here.
Appellee's petition for rehearing is denied.
To continue reading
Request your trial
-
In re Greives
...of an integrated agreement. American United Life Insr. Co. v. Peffley, 158 Ind.App. 29, 301 N.E.2d 651 rehearing den. 158 Ind.App. 29, 306 N.E.2d 131 (2nd Dist.1973). Accordingly, once a contract has been reduced to writing and executed, all prior and contemporaneous negotiations are merged......
-
Darnell v. State
...The Law of Evidence In Indiana, Seidman (1977) p. 145; American United Life Ins. Co. v. Peffley, (1973) 158 Ind.App. 29, 301 N.E.2d 651, 306 N.E.2d 131. The writing contained in the note was not a material fact in this Defendant further argues that it was error to admit state's exhibits Nos......
-
Weisman v. Hopf-Himsel, Inc.
... ... denied, quoting, American United Life Ins. Co. v. Peffley (1973), 158 ... ...
-
Fendley v. Ford
...1091, 1103; American United Life Insurance Co. v. Peffley, (1973) 158 Ind.App. 29, 301 N.E.2d 651, 655, rehearing denied, (1974) 158 Ind.App. 29, 306 N.E.2d 131. Based on the recent supreme court decision, Baker v. State, (1983) Ind., 449 N.E.2d 1085, the trial court correctly excluded the ......