Cadore v. Cadore
| Decision Date | 13 October 1953 |
| Parties | CADORE v. CADORE et al. |
| Court | Florida Supreme Court |
Yonge, Whiteside & Prunty, Miami, for appellant.
Sczudlo & Patterson, and Shutts, Bowen, Simmons, Prevatt & Julian, Miami, for appellees.
This is an appeal from a final decree finding that the appellees were entitled to the proceeds of a certain life insurance policy. The pertinent facts upon which the final decree was based are simple, plain and undisputed.
Thorndyke Cadore and Martha Cadore were legally married and as a result of such marriage there were three children. The husband and wife were having marital difficulties which resulted in a suit for divorce. The final decree in the divorce proceeding was granted to the wife in March of 1945. At the time of the divorce their three children were of the ages of 21, 17 and 15 years. At the time of this proceeding each of the children was over 21 years of age.
Throughout the pleadings and briefs the parties refer to a property settlement entered into in connection with the suit for divorce. As shown by the stipulation filed in that suit and the final decree of divorce, the settlement was not simply a property settlement but was also an agreement for the payment of alimony and for the maintenance and support to the minor children of the parties, and for the custody of such minor children. The stipulation contained the following:
'Whereas, the parties to said divorce action are now desirous of effecting a property settlement regarding their rights, as well as the care, custody and control of the minor children of the respective parties, it is, thereupon, Stipulated and Agreed by and between said parties as follows:
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'4. It is further Stipulated and Agreed that upon the execution of this stipulation, the defendant will pay to the plaintiff, the sum of Two Hundred ($200.00) Dollars, currency of the United States of America, and that he will further pay to the Plaintiff, Martha Cadore, the sum of Seventy-five ($75.00) Dollars per month, as alimony and support money for the Plaintiff, and the aforesaid two minor children of the respective parties.
The final decree ratified and approved the stipulation and specifically contained the following:
'(d) That the beneficiary named in that certain life insurance policy, issued by the Equitable Life Insurance Company, in the sum of Three Thousand ($3,000.00) Dollars, being Policy No. 9092403, in which policy Martha Cadore is the beneficiary, and the said Thorndyke Cadore, defendant, is the insured, be changed from said Martha Cadore to Robert Cadore, Dorothy Louise Cadore, and Carol Jean Cadore, the children of the respective parties, and that said children shall be named beneficiaries under said policy, instead of said Martha Cadore, and shall share equally in the proceeds therefrom.'
Subsequent to the entry of the final decree Thorndyke Cadore and Martha Cadore each married again.
In March, 1952, Thorndyke Cadore was killed by accidental means and the insurance policy providing for double indemnity matured.
At the time of the death of Thorndyke Cadore, and the maturity of the policy, each of the children was over 21 years of age. The life insurance policy was in the possession of the widow of Thorndyke Cadore, who for some years prior to Cadore's death had paid the premiums on such policy. Some years after Cadore's marriage to this second wife, he changed the beneficiary of the policy to the new wife.
The widow, the appellant here, and the children by the first marriage claimed the proceeds of this policy. These conflicting claims finally resulted in an interpleader by the insurance company and the payment of the proceeds of the policy into the registry of the Court. Summary judgment was entered in favor of the appellees (the children by the first marriage) and a final decree entered decreeing that the children were entitled to the full proceeds of the policy less certain costs and expenses and also an amount to be allowed the appellant to reimburse her for the premiums paid upon the insurance policy.
Cadore complied with the terms of the stipulation and the final decree and named the children beneficiaries. Such change of beneficiary was revokable. The insured still had the right under the terms of the policy to change the beneficiary at will. He had the right to assign the policy or to accept a cash settlement from the insurance company, or the right not to pay any further premiums and thereby suffer a cancellation of the policy. The insurance company was not a party to the divorce suit and neither were the children, except that the Court did have jurisdiction of the two minor children...
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Murphy v. Travelers Ins. Co.
...than on the question of whether the agreement to change beneficiaries was fully executed or merely executory. Compare Cadore v. Cadore, 67 So.2d 635 (Fla.1953) (no valid gift of policy where insured retained possession of it with right remaining in him to designate his second wife as benefi......
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Abraham K. Kohl, D.C. v. Blue Cross, 4D06-2533.
...Where there is no such provision forbidding assignment, an insurance policy may be assigned as any other chose in action. Cadore v. Cadore, 67 So.2d 635 (Fla.1953); Pendas v. Equitable Life Assur. Soc. of U.S., 129 Fla. 253, 176 So. 104 (1937); see also Md. Cas. Co. v. Murphy, 342 So.2d 105......
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Peckham v. METROPOLITAN LIFE INSURANCE COMPANY, 183-68.
...be contrary in principle to this result and we do not find it persuasive in view of the color of the Kansas case law. See Cadore v. Cadore, 67 So.2d 635 (Fla.S.Ct.1953). In any event in circumstances like these we will defer to the judgment of the Kansas judge. In the Matter of Cummings, 41......
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Dubois v. Smith
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