Johnson v. Western Nat. Life Ins. Co.
| Decision Date | 28 April 1994 |
| Docket Number | No. 93-358-A,93-358-A |
| Citation | 641 A.2d 47 |
| Parties | Gail JOHNSON v. WESTERN NATIONAL LIFE INSURANCE CO. et al. ppeal. |
| Court | Rhode Island Supreme Court |
This matter came before the Supreme Court pursuant to an order directing James O'Neill individually and in his capacity as executor of the estate of his late brother, John A. O'Neill, Jr., and as trustee of the John A. O'Neill, Jr., Trust, to appear and show cause why his appeal should not be summarily denied and dismissed. After reviewing the memoranda submitted by the parties and after hearing their counsel in oral argument, this court concludes that cause has not been shown.
The deceased, John A. O'Neill, Jr., an attorney, had entered into a fee-settlement agreement in a case involving Allstate-NESCO. Pursuant to the agreement Allstate was to disburse the attorney's fee award on a monthly basis from January 1987 through December 2001. Allstate purchased an annuity policy from Western National Life Insurance Company (Western) from which the payments would be made. Allstate was designated as the owner of the policy, and John O'Neill, Jr., was designated beneficiary. In the event of John O'Neill, Jr.'s death, the terms of the policy provided payments would be made to James O'Neill.
On January 13, 1989, John O'Neill, Jr., informed Western by letter that he wished to change the beneficiary of the annuity to Gail Johnson and the John A. O'Neill, Jr., Trust, jointly. Western acknowledged and recorded the change. John O'Neill, Jr., died on September 1, 1989. After his death Western began making annuity payments as O'Neill had requested. A dispute arose about the correct settlement of the annuity payment. On March 16, 1990, Gail Johnson filed a petition for declaratory judgment that the change in beneficiary requested by John O'Neill, Jr., was effective.
The parties filed cross-motions for summary judgment. On May 12, 1993, the trial court granted Johnson's motion and denied the motion of James O'Neill. James O'Neill timely appealed. The trustee and executor argues, however, that John O'Neill, Jr., did not have the power to change the beneficiary and that, therefore, James O'Neill alone is the beneficiary of the annuity.
It is well...
To continue reading
Request your trial
-
Providence Journal Co. v. Travelers Indem. Co., C.A. No. 92-0339L.
...Under Rhode Island law, the court must ascertain the intent of the parties by looking at the entire policy. Johnson v. Western Nat. Life Ins. Co., 641 A.2d 47, 48 (R.I.1994). The language used in the policy must be given its plain, ordinary, and usual meaning. When the terms are found to be......
-
Capital Properties, Inc. v. State
..."The main objective of the [C]ourt when construing contract terms is to determine the intent of the parties." Johnson v. Western Nat. Life Ins., Co., 641 A.2d 47, 48 (R.I.1994) (citations omitted). The Court will enforce the intentions of the parties as manifested in the terms of the contra......
-
Flanders+ Medeiros Inc. v. Bogosian, Civ. A. No. 91-0026L.
...Rhode Island law, the Court's objective in construing contractual language is to determine the parties' intent. Johnson v. Western Nat. Life Ins. Co., 641 A.2d 47, 48 (R.I.1994). If the terms of the contract are ambiguous, a question of fact exists which may only be resolved by a fact-finde......
-
Ross-Simons of Warwick, Inc. v. Baccarat, Inc.
...22 F.3d 351, 355 (1st Cir.1994); Fashion House, Inc. v. K mart Corp., 892 F.2d 1076, 1084 (1st Cir.1989); Johnson v. Western Nat'l Life Ins. Co., 641 A.2d 47, 48 (R.I.1994). A valid settlement agreement is an enforceable contract subject to this basic principle of construction. See ITT Corp......