First Nat. Bank of McKeesport, Pa. v. Gable, 8978.

• Decision Date: 12 July 1951
• Docket Number: No. 8978.,8978.
• Citation: 98 F. Supp. 632
• Parties: FIRST NAT. BANK OF McKEESPORT, PA. v. GABLE et al.
• Court: U.S. District Court — Eastern District of Pennsylvania

98 F. Supp. 632

FIRST NAT. BANK OF McKEESPORT, PA. v. GABLE et al.

No. 8978.

United States District Court W. D. Pennsylvania.

July 12, 1951.

Joseph B. Feldman, McKeesport, Pa., for plaintiff.

Kenneth Buffington, R. B. Tucker, Jr., both of Pittsburgh, Pa., for Grace Gable.

S. V. Albo, Pittsburgh, Pa., for Bettina DiSanto Clemente.

STEWART, District Judge.

The Metropolitan Life Insurance Company filed a statutory interpleader action to determine which of three claimants was entitled to the proceeds of Certificate No. 826 under Group Life Insurance Policy No. 2747-G, issued by them to Pete Clements, also known as Panfilo Clemente, in which Grace Clements was named as beneficiary. The three claimants are the First National Bank of McKeesport, Pennsylvania, Bettina DiSanto Clemente and Grace Gable who was formerly Grace Clements and is the named beneficiary.

Upon petition by the insurer, the Court granted leave to it to pay the proceeds of the policy into the Registry of the Court. In addition, the Court discharged the insurer of all further liability under the policy and directed that an issue be framed between the parties here involved. Pleadings have now been filed by each of the parties.

The complaint on behalf of the First National Bank of McKeesport, Pennsylvania, avers that it was duly appointed the Administrator of the Estate of Pete Clements; that Pete Clements was the insured under the policy; and that Grace Gable was divorced from Pete Clements prior to his death. Proof of the claim of Bettina DiSanto Clemente that she is the lawful surviving wife of the insured is demanded. The Bank bases its claim on the theory that if neither of the other claimants is entitled to the proceeds, then the estate of the decedent is.

The complaint on behalf of Bettina DiSanto Clemente avers that she was married to Pete Clements in Italy; that the marriage was never dissolved prior to his death; that decedent's marriage with Grace Gable was bigamous and was dissolved by divorce prior to his death; and that therefore she is entitled to the proceeds as the lawful surviving wife of the decedent.

The answer of Grace Gable admits the averments of fact in the complaint of the First National Bank of McKeesport and in the complaint of Bettina DiSanto Clemente, except the averments that decedent's marriage to Grace Gable was bigamous and that Bettina DiSanto Clemente is the lawful surviving wife of the decedent.

Asserting that she is entitled to the proceeds as a matter of law based on the undisputed facts appearing in the pleadings, the defendant, Grace Gable, has now filed a motion for judgment on the pleadings.

It seems clear that the law of Pennsylvania will govern in this case. The policy was applied for, paid for and delivered in Pennsylvania. See Walls v. Connecticut General Life Insurance Co., D.C., 1949, 82 F.Supp. 421. Moreover, in considering similar group insurance policies issued by this same insurance company, the Pennsylvania courts have applied Pennsylvania law: Jones v. Metropolitan Life Insurance Co., 1944, 156 Pa.Super. 156, 39 A.2d 721; Ozanich v. Metropolitan Life Insurance Co., 1935, 119 Pa.Super. 52, 180 A. 67, 576.

Since Grace Clements, now Grace Gable, was the named beneficiary in the policy, she will be entitled to the proceeds of the policy if she is a proper beneficiary under the law of Pennsylvania and...