Stribling v. United States

• Decision Date: 05 December 1968
• Docket Number: Civ. No. PB 67 C-63.
• Citation: 293 F. Supp. 1293
• Parties: Nellie Mae STRIBLING, Plaintiff, v. UNITED STATES of America and the Prudential Insurance Company of America, Defendants, Georgia Mae Stribling, Cross-Defendant.
• Court: U.S. District Court — Eastern District of Arkansas

293 F. Supp. 1293

Nellie Mae STRIBLING, Plaintiff, v. UNITED STATES of America and the Prudential Insurance Company of America, Defendants Georgia Mae Stribling, Cross-Defendant.

Civ. No. PB 67 C-63.

United States District Court E. D. Arkansas, Pine Bluff Division.

December 5, 1968.

Nellie Mae Stribling, Edward I. Staten, Pine Bluff, Ark., for plaintiff.

Robert F. Fussell, Asst. U. S. Atty., Little Rock, Ark., for the United States.

Phillip Carroll, Little Rock, Ark., for The Prudential Ins. Co. of America.

Stephen A. Matthews, Pine Bluff, Ark., for Georgia Mae Stribling.

MEMORANDUM OPINION

OREN HARRIS, District Judge.

The plaintiff, Nellie Mae Stribling, by this action seeks to recover on a policy of insurance in the sum of $10,000.00 issued by The Prudential Insurance Company of America to Jesse B. Stribling, deceased, under the Servicemen's Group Life Insurance Act, 38 U.S.C.A. § 765 et seq.

Jesse B. Stribling entered the United States Army on December 17, 1965. He executed DA Form 3054, Elections of Amount, Beneficiary Designation and Settlement Options for Servicemen's Group Life Insurance, at which time he elected to remain insured for the sum of $10,000.00 designating that payments be made to the beneficiary in the order of precedence set forth in the law, which is specifically stated under Beneficiary designation that "the law provides that if I do not designate a beneficiary, payment will devolve, in the following order: To my wife, children in equal shares, and parents in equal shares:" The serviceman further designated that his Servicemen's Group Life Insurance be paid in thirty-six monthly installments. He was married to Georgia Mae Stribling, cross-defendant, and they had one child. The plaintiff, Nellie Mae Stribling, was the mother of the deceased serviceman and contends that he changed the designation of beneficiary to his Servicemen's Group Life Insurance policy designating her as beneficiary prior to his leaving for Vietnam in June, 1966.

This action was originally instituted against the United States of America. Subsequently by amendment the plaintiff included as a defendant The Prudential Insurance Company of America. The case was tried to the Court without a jury. Jurisdiction is established under 38 U.S.C.A. § 775.

The issuance of the policy by the defendant, The Prudential Insurance Company of America, under Servicemen's Group Life Insurance Act, 38 U.S.C.A. § 765 et seq., is admitted. It is also admitted that the serviceman Jesse B. Stribling was killed in action while on duty with the army in Vietnam on July 16, 1966, and the policy in question was in full force and effect. It is further admitted that the cross-defendant, Georgia Mae Stribling, a wife of the deceased serviceman, filed a claim with The Prudential Insurance Company of America and pursuant thereto The Prudential Insurance Company of America paid to her the sum of $885.00 on August 29, 1966, for the sums due on the insurance policy for the months of July, August and September. On September 7, 1966, the plaintiff, Nellie Mae Stribling, gave notice to the Office of Servicemen's Group Life Insurance that she was the designated beneficiary to the insurance of the deceased and made claim that the sums of money due on the insurance policy be paid to her. The Office of Servicemen's Group Life Insurance denied her claim.¹

It is the contention of the plaintiff that her son Private Jesse B. Stribling changed the beneficiary of his Servicemen's Group Life Insurance policy to her on or before April 5, 1966. She produced an instrument DA Form 3054 Elections of Amount, Beneficiary Designation and Settlement Options for Servicemen's Group Life Insurance, which is admittedly a carbon copy in which the deceased desired to continue to be insured for $10,000.00 and specifically designating Mrs. Nellie Mae Stribling, 4118 West 11, Pine Bluff, Arkansas, mother, as beneficiary to be paid in thirty-six monthly installments. It is purportedly signed by Jesse B. Stribling. There is no date. The plaintiff's testimony was that this Form was executed by the deceased serviceman and the carbon copy sent to his mother and received by her on April 5, 1966. Letters produced at the trial were received by the plaintiff from the deceased serviceman referring to the change in beneficiary of the policy. There appears to be no question as to the signature of Jesse B. Stribling on the regular form supplied by the army for such purposes. There is no contention by the defendants that this is not in the handwriting of the deceased serviceman. Neither is it denied that the various letters received by the plaintiff from the deceased was in his handwriting and in which he mentioned to his mother of the change in beneficiary of his insurance policy. There was testimony on behalf of the plaintiff that the serviceman confirmed his intention of changing the beneficiary on his visit home just prior to his leaving for Vietnam in June, 1966.

In the letters referred to which the mother received from her son there was mention of his wife, Georgia Mae, and their child.

It is contended by the cross-defendant, Georgia Mae Stribling, that no change in beneficiary was effectuated and she testified that he had advised her she would have the benefit of his insurance during the time he was at home on visit en route to Vietnam. This was the only testimony to offset the exhibits of the plaintiff and other expressions of intent to change the beneficiary of his policy.

It was stipulated by the parties that a due and proper search of the military records of Private Jesse B. Stribling by the Office of the Adjutant General of the Department of the Army which revealed the following:

(1) On December 17, 1965, Private Jesse B. Stribling executed and submitted to the United States Army DA Form 3054 which was received by the United States Army. Private Stribling's DA Form 3054 designated that his life insurance proceeds be paid pursuant to the order of precedence set forth in the law;

(2) Private Stribling died on July 16, 1966, in the line of duty in Vietnam. The military service file of Private Stribling at the time of his death contained DA Form 3054 as prescribed in Paragraph 1 of this stipulation. There was no form DA 3054 designating Mrs. Nellie Mae Stribling as the beneficiary contained in Private Stribling's military service file at the time of his death;

(3) That Private Jesse B. Stribling, who died on active duty in Vietnam July 16, 1966, was stationed at Fort Gordon, Georgia, the effective date of February 26, 1966, and was assigned to Fort Benning, Georgia, the effective reporting date as of May 12, 1966; and on June 9, 1966, was assigned to Headquarters Company, 1st Battalion, 27th Infantry, Vietnam. It was possible for Private Jesse B. Stribling to execute a change in DA Form 3054 to reflect a change of beneficiary or any other change by complying with the provisions contained in 38 U.S.C. 765-776 while serving in the Armed Forces of the United States.

The plaintiff seeks to recover from The Prudential Insurance Company of America all sums due on the policy from and after the date of September 7, 1966, at which time the plaintiff gave notice of claim as beneficiary of the deceased Servicemen's Group Life Insurance.

The Prudential Insurance Company of America has paid to Georgia Mae Stribling the total sum of $5,310.00 representing eighteen monthly payments of $295.00 each. All additional sums accrued to date have been tendered into the registry of the court. In its cross-claim Prudential seeks judgment against Georgia Mae Stribling for such sums paid to her in the event it is determined that the plaintiff is entitled to the proceeds of the insurance policy.

At the conclusion of the plaintiff's testimony, the defendant, United States of America, made a motion for judgment on the grounds that there was no evidence that the deceased serviceman had filed a Form DA 3054 (Elections of Amount, Beneficiary Designation and Settlement Options for Servicemen's Group Life Insurance) designating Nellie Mae Stribling as the beneficiary which had been received or handled by any member of the Armed Forces prior to the death of Jesse B. Stribling and that there was no proof offered that the United States of America was negligent in any manner as alleged by the plaintiff. From the testimony and record, the Court granted the motion and dismissed the proceeding as to the defendant, United States of America.

The principle issue for a decision is whether the insured changed the beneficiary of his policy. If so, the plaintiff is entitled to recover. It is a well-settled rule that the burden to establish a valid change of beneficiary is upon the party asserting and relying upon such change. Benard v. United States, 368 F.2d 897, 902. In this case the burden of establishing a valid change of beneficiary is upon the plaintiff.

Congress has traditionally provided for servicemen and veterans of wars in which our country has been engaged. Various insurance programs have been provided by the Government for the benefit of those who served in the military establishments among which were National Service Life Insurance and United States Government Life Insurance. Prior thereto, and including servicemen of World War I, the Government provided what was referred to as War Risk Insurance. These were insurance programs provided for at Government cost and in which no private insurance companies participated.

Congress has consistently extended to the serviceman the authority to designate beneficiaries of insurance policies and to change beneficiaries designated without the consent of the beneficiary. Over the years there has been developed a body of law as to the requirements, intentions and action of the serviceman in designating or changing the beneficiary or beneficiaries of life insurance as provided by the United States Government.

38 U.S.C.A. § 749 Change of beneficiary, provides:

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