Phillips v. Pelton
| Decision Date | 04 April 1984 |
| Docket Number | No. 83-1171,83-1171 |
| Citation | 10 OBR 314,461 N.E.2d 305,10 Ohio St.3d 52 |
| Parties | , 10 O.B.R. 314 PHILLIPS, Admrx., Appellee, v. PELTON, Appellant. |
| Court | Ohio Supreme Court |
Syllabus by the Court
Where the parties to a separation agreement which is incorporated into a decree of dissolution specifically direct their attention to the issue of life insurance and express their intent to release all rights which each may have as beneficiary under the policies of the other, such language is sufficient to eliminate each party as beneficiary of the other notwithstanding the fact that no specific change of beneficiary is made.
Linda L. Phillips ("Pelton"), appellant herein, and James D. Phillips were married on January 14, 1967. During the course of the marriage, James purchased an insurance policy on his life from the Farm Bureau Life Insurance Company of Missouri ("Farm Bureau"). Appellant was named as first beneficiary and the insured's estate was named as contingent beneficiary.
On December 7, 1976, Linda and James were granted a dissolution of marriage. The final decree incorporated the parties' separation agreement which provided, inter alia, that each party released the rights he or she had as beneficiary in any insurance policy issued to the other.
Following the dissolution, James married Carol J. Phillips, appellee herein. Appellant also remarried, changing her name to Linda L. Pelton.
On December 9, 1981, James Phillips was killed in an automobile accident. As of that date, he had made no change of beneficiary as to his life insurance policy with Farm Bureau.
Appellee was named administratrix of her husband's estate and in that capacity made demand upon Farm Bureau for the proceeds of the life insurance policy. Appellant also claimed entitlement to the proceeds. Farm Bureau refused to pay either party until a judicial determination of their respective rights was made.
Appellee filed a complaint against appellant and Farm Bureau seeking a judgment declaring her (appellee) to be the rightful owner of the insurance proceeds. Farm Bureau deposited the proceeds with the court by way of interpleader and was dismissed from the action.
Appellee filed a motion for summary judgment, asserting that the separation agreement operated as a release of appellant's rights under the policy. Appellant also sought summary judgment, arguing that she had not been removed as beneficiary.
The trial court sustained appellant's motion for summary judgment and overruled that of appellee. The court of appeals reversed and entered judgment in favor of appellee.
The cause is now before this court pursuant to the allowance of a motion to certify the record.
Ingram & Ingram and John G. Ingram, Youngstown, for appellee.
Williams & Batchelder, William G. Batchelder, Jr., and John T.H. Batchelder, Medina, for appellant.
The question presented in this case is whether the terms of the separation agreement executed between appellant and her former spouse and incorporated into their dissolution decree preclude appellant's participation in the proceeds of the former spouse's life insurance notwithstanding the fact that appellant is the named beneficiary under the policy.
In Cannon v. Hamilton (1963), 174 Ohio St. 268 [22 O.O.2d 331], 189 N.E.2d 152, this court set forth several principles which are dispositive of this...
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Metropolitan Life Ins. Co. v. Frawley
...under a former spouse's life insurance policy. Cannon v. Hamilton, 174 Ohio St. 268, 189 N.E.2d 152 (1963); Phillips v. Pelton, 10 Ohio St.3d 52, 461 N.E.2d 305 (1984). An exception applies when the divorce decree is intended to eliminate the named beneficiary from all rights to the life in......
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Lelux v. Chernick
...agreement specifically addresses both the life insurance policy and retirement account but argues that under Phillips v. Pelton (1980), 10 Ohio St.3d 52, 10 OBR 314, 461 N.E.2d 305, Grelle v. Nationwide Life Ins. Co. (1979), 63 Ohio App.2d 144, 17 O.O.3d 338, 409 N.E.2d 1056, and Richardson......
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Clay v. Clay, 2007 Ohio 4638 (Ohio App. 9/7/2007)
..."`plainly indicate' the elimination of the named beneficiary from all rights to the life insurance proceeds." Phillips v. Pelton (1984), 10 Ohio St.3d 52, 53, 461 N.E.2d 305, citing Cannon v. Hamilton (1963), 174 Ohio St. 268, 22 O.O.2d 331, 189 N.E.2d 152. The general rule in Ohio is that ......
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LeBlanc V. Wells Fargo Advisors, L.L.C.
...status of the account. 7. Cynthia contends that the Ohio Supreme Court effectively overruled Rindlaub in Phillips v. Pelton (1984), 10 Ohio St.3d 52, 10 OBR 314, 461 N.E.2d 305. We disagree. In Phillips, the Ohio Supreme Court recognized that “to effectuate a change of beneficiary the insur......