American General Life Insurance v. Carpenter
Opinion of the Court
MEMORANDUM
American General Life Insurance Company, Inc., appeals the district court’s grant of summary judgment to Roger N. Carpenter, Peter Charles Carpenter and Denise M. Carpenter
American General paid the proceeds of a life insurance policy to the decedent’s widow, Cristina Carpenter, the designated beneficiary. Under California law, that payment fully discharged American General, unless it had written notice of an adverse interest before it made the payment. See Cal. Ins.Code § 10172; Blethen v. Pac. Mut. Life Ins. Co., 198 Cal. 91, 101-03, 243 P. 431, 435-36 (1926); Leonard v. Occidental Life Ins. Co., 31 Cal.App.3d 117, 120, 106 Cal.Rptr. 899, 901 (1973); Cooper v. United Benefit Life Ins. Co., 17 Cal.App.3d 911, 914-16, 95 Cal.Rptr. 320, 322-23 (1971). Here, the problem is that a letter from the Carpenters’ lawyer did give notice of a sort to American General, but the letter failed to give details available to the Carpenters, such as the decedent’s middle initial, the decedent’s social security number, or the number of the policy.
The evidence in the record does not allow a determination as a matter of law
REVERSED and REMANDED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. Denise Carpenter’s last name is now McNalley.
. It is interesting that California has specifically provided for a method of notifying insurance companies about court orders regarding their policies. See Cal. Fam.Code § 2051. That method was not followed in this case.
Reference
- Full Case Name
- AMERICAN GENERAL LIFE INSURANCE COMPANY, INC. v. Roger N. CARPENTER Peter Charles Carpenter Denise M. Carpenter
- Status
- Published