Coomer v. United States
Coomer v. United States
Opinion of the Court
On this appeal we must decide whether a deceased serviceman validly designated his father as beneficiary of his Servicemen’s Group Life Insurance policy within the terms of 38 U.S.C. § 769(a). The district court held that because there was no written beneficiary designation existing in the deceased’s personnel file at the time of his death no designation occurred and therefore the proceeds of the policy should be paid to the deceased’s widow by virtue of the statutory priorities set forth in 38 U.S.C. § 770(a). We reverse the holding and enter judgment in favor of the deceased’s father.
Richard E. Coomer was a petty officer in the United States Navy assigned to the Fourth Marine Construction Battalion. While stationed in Vietnam Coomer decided to purchase a $10,000.00 life insurance policy through Servicemen’s Group Life Insurance (SGLI), a program established by Congress in 1965 for the purpose of providing members of the armed forces with the advantages of low-cost group life insurance. 38 U.S.C. § 765, et seq.; 1965 U.S.Code Cong, and Adm.News, p. 3232. Under this program the administrative work in issuing the policies is performed by the individual’s particular branch of the service acting in conjunction with the Veterans Administration, while the actual risk is undertaken by private insurance companies, which in this case was Prudential. The statute provides that in the event of death the insurance proceeds will be paid to the beneficiary designated by the insured “by a writing received in the uniformed services.” 38 U.S.C. § 770(a). If no beneficiary is designated this same section provides for payment to the serviceman’s widow.
When Coomer’s battalion arrived in Vietnam Roy L. Elliot, the personnel man who was in charge of maintaining the service records of the members of the battalion, discovered that he could not obtain the standard beneficiary designation forms commonly used for SGLI. To remedy the situation Elliot prepared his own designation forms which were subsequently approved by his superior officer. On January 10, 1967, Petty Officer Coomer filled out one of these forms and designated his father, Jessie E. Coomer, as the primary beneficiary. The form was signed by both Richard Coomer and Roy Elliot.
In August of 1967, Coomer finished his tour of duty in Vietnam and returned to the United States carrying his sealed personnel file and official service records with him.
When Navy personnel examined Coomer’s service file, however, they found that it did not contain a designation or beneficiary form. Prudential was notified of this fact and informed by the Navy that the insurance proceeds should be paid to the widow according to the terms of the statute. On March 19, 1968, Prudential paid $10,000.00 to Patricia Gay Puryear Coomer. Approximately two weeks later Coomer’s parents received the personal effects of their son and inside his footlocker they discovered the form which designated the deceased’s father as beneficiary of the SGLI policy. The parents contacted an attorney who filed suit in federal district court
The case was tried without a jury
Prudential argues further that it ought to be allowed to rely upon what is contained in the serviceman’s file at death because if the statute is construed otherwise serious administrative difficulties would result and insurance companies would be constantly exposed to the payment of double or multiple claims. Besides the obvious answer that such a construction is inconsistent with the plain meaning of the statute as passed by Congress, the facts here involved do not support this contention. All the Navy had to do was check the deceased’s
There have been numerous state and federal court decisions concerning beneficiary designations under SGLI, but these cases
Turning to the question of what constitutes receipt by the Navy we need not, under the circumstances of this case, define the precise outer limits of the term by going into the question of exactly by whom and in what place the writing must be received before a beneficiary is legally designated. Whatever receipt means, it certainly occurs when the serviceman hands the writing naming the beneficiary to the person whom the Navy has put in charge of receiving and maintaining the beneficiary designation forms. In this case that person was Roy Elliot. The district court, apparently operating under the erroneous assumption that the writing had to be contained in the service file at the time of death, never reached the question of whether or not Coomer ever physically gave Elliot the beneficiary designation form. The court did find that the form “was never received in the official U. S. Navy Service Records of Richard E. Coomer.” (emphasis supplied). This finding is of little consequence, however, because as we have already stated in this opinion, supra, what happens to the form after it is received by the official record keeper cannot vitiate the validly expressed intent of the insured.
At this point we could remand this case to the district court for a factual determination on whether Coomer handed the beneficiary designation form to Elliot, but we believe such a course is unnecessary in view of the state of the record before us. Elliot testified by deposition. He stated unequivocally that he designed the beneficiary designation form himself; that he received the completed form from Coomer; and that both he and Coomer signed the form. The form itself, signed by both parties, is a part of the record on appeal. No evidence was presented which contradicted or cast doubt upon Elliot’s depositional testimony that he took possession of the form designating Coomer’s father. We hold, therefore, that Coomer gave the form to Elliot and regardless of what may have happened to the form after Elliot gained possession, the form was received by him, and hence by the Navy, for the purposes of 38 U.S.C. § 770(a).
Having established that the beneficiary designation form was received by the Navy, the remaining question is whether Coomer effected a valid change of beneficiary prior to his death. The district court, in what can only be described as an alternative finding of fact, held that even if a beneficiary designation form was received in Coomer’s file (the court had previously found that none was received) “such form was removed from the official U. S. Navy Service Records by Richard E. Coomer or someone acting at his request, prior to his death on February 23, 1968, and such removal constituted a change of beneficiary to Patricia Gay Coomer.” Prudential and the United States argue vigorously in their respective briefs that the evidence showed that the form could not have been removed except with Coomer’s consent and therefore the designation of the father was revoked when the form was taken out of the service file. Assuming arguendo that the form was removed at Coomer’s request, this contention conflicts with the administrative regulations which provide in pertinent part that “any change of beneficiary .... will take effect only if it is received in writing, signed by the insured, and received, prior to the death of the [insured], by his uniformed service.” 38 C.F.R. § 9.16(c). The regulation does nothing more than give a logical interpretation to the statute by requiring that once a beneficiary is designated by complying with the statutory
We hold, therefore, that Petty Officer Richard E. Coomer validly designated his father as beneficiary of the SGLI policy by a writing which was received by the Navy in compliance with the provisions of 38 U.S.C. § 770(a). When Coomer presented the beneficiary designation form to the proper office he did all he could do, and all he was required to do under the statute, to ensure that his father would receive the insurance proceeds in the event of his death. The responsibility for whatever happened to the form after it was turned over to the Navy must rest with Prudential and the government. Since the beneficiary designation was never changed, Jessie E. Coomer, as the beneficiary of the insurance policy is entitled to judgment against the defendants in the amount of $10,000.00. Accordingly, Prudential is entitled to judgment in this amount against the third party defendant, Patricia Gay Puryear Coomer.
The judgment of the district court is hereby reversed and the ease remanded with directions that the district court enter judgment in accordance with the views expressed herein.
Reversed and remanded with directions.
. When a serviceman is transferred from one duty station to another it is common practice in the Navy to have that serviceman onrry liis entire service records with him.
. Although the amount in controversy did not exceed $10,000.00 jurisdiction was had by virtue of the United States being a party to the lawsuit. Shannon v. United States, 5 Cir., 1969, 417 F.2d 256.
. Appellant alleges, without support in the record, that he was denied a jury trial because the district judge threatened not to bring the case to trial if a jury was demanded. All parties agree that a form waiving a jury trial was signed, but for some reason the form is not contained in the record. Nevertheless, due to our disposition of this case, we do not consider the jury trial issue.
. These decisions will be discussed in the body of this opinion, infra.
. Prudential could also have paid the proceeds into the court registry if a lawsuit was initiated.
. Hill v. Hill, (1972), 23 Cal.App.3d 700, 100 Cal.Rptr. 458; Davenport v. Servicemen’s Group Life Insurance, 1969, 119 Ga.App. 685, 168 S.E.2d 621; Breckline v. Metropolitan Life Insurance Co., 1962, 406 Pa. 573, 178 A.2d 748; Farley v. Prudential Insurance Company, Supreme Ct. of Tex., 1972, 480 S.W.2d 176; Prudential Life Insurance Company of America v. King, 8 Cir., 1971, 453 F.2d 925; Stribling v. United States, 8 Cir., 1969, 419 F.2d 1350, affirming Stribling v. United States, (E.D.Arkansas, 1968), 293 F.Supp. 1293; Prudential Insurance Company of America v. Warner, (W.D. Virginia, 1971), 328 F.Supp. 1128; Weymann v. Wilson, (M.D.FIorida, 1970), 320 F.Supp. 980.
. See this circuit’s construction of the National Service Life Insurance Act of 1940, 38 U.S.C. § 701, et seq. Smith v. United States, 5 Cir., 1970, 421 F.2d 634; Hawkins v. Hawkins, 5 Cir., 1959, 271 F.2d 870; Mitchell v. United States, 5 Cir., 1948, 165 F.2d 758; McKewen v. McKewen, 5 Cir., 1948, 165 F.2d 761.
. S.Rep.No.1064 to H.R. 432, appearing in 2 U.S.Code Cong. & Admin.News, 89th Cong., 2nd Sess. p. 2070 (1966).
Reference
- Full Case Name
- Jessie E. COOMER v. UNITED STATES of America, Defendants-Appellees SERVICEMEN'S GROUP LIFE INSURANCE and Prudential Life Insurance Company, Defendants-Third-Party v. Patricia Gay COOMER, Third-Party
- Cited By
- 14 cases
- Status
- Published