*1
Noting
ambiguity
vagueness
ing.
COMPANY,
IDS LIFE
a
INSURANCE
probation
orders
created
overkill
Corporation;
Minnesota
and Investors
Shepard,
agreements,
and
then that which
Services,
Inc.,
Diversified
a Delaware
J.,
ago
pertinent,
a
years
wrote
few
is
Plaintiffs,
Corporation,
reading
from
where
observed
Harriss,
612,
v.
347 U.S.
United States
v.
812,
74 S.Ct.
reasoning those nor Amy Groshong, mi distinguishing features the cases be- nor children of P. fore those other courts the one from Ruby Groshong, Cross-Defendаnts- Appellants. presented to us. GROSHONG,
Joanne V. claimant, Counter COMPANY, LIFE IDS INSURANCE Corporation; and Investors Minnesota Inc., Services, Diversified a Delaware Corporation, Counter defendants. No. 16386.
Supreme Court Idaho. April 1, 1987. Rehearing May Denied 1987. 3. Of judges added interest are the number against decimating rehabilitation its altruistic deciding these cases. objectives. legitimate Consuelo-Gonzalez A concern admirable panel judges: heard Court, before of thirteen circuit why any giving member of this Chambers, Merrill, Koelsch, Browning, Duni prior benefit of decision law on the same sub way, Hufstedler, Trask, Ely, Wright, Choy, ject, is so loathe to even concede that there are Goodwin, Wallace and Sneed. The Montana good jurisdictions, legal minds in other case, Fogarty, justices. was decided seven already legal those minds have shown route promoting Final score: 16 to 4 favor of paved to take it well.
848
HUNTLEY, Justice. 1970, Timothy Groshong In September Ruby Groshong married in the state of Oregon. began Groshong Mr. Company. work with IDS Life Insurance IDS, As an Mr. en- employer tered into a contract with his plan, a career retirement distributor’s designated Ruby his wife as the ben- eficiary plan. under the Groshong family June of moved to Boise where Mr. con- August employed by tinued to be IDS. In 1982, he entered into another contract with manger’s IDS for a retirement agreement, again trust named his wife plans in- Both of the cluded death benefits. March, 1983, Timothy Shortly were divorced. after the
divorce, Timothy married his second 23,1983, after his Joanne. On June a week marriage, Groshong executed two IDS Mr. pres- forms Groshong and Max ence of Joanne employee of IDS. These forms named an benefic>ary Groshong as the sole plans. retirement Both Mr. under both Groshong testified at tri- Buffi and Joanne Groshong change they saw al that and leave them on his desk. 3, 1983, died July
On polo participating in a Valley after Sun beneficiary forms match. re- Groshong were not office, could home nor ceived at the IDS Groshong’s desk. on Mr. they be found legal Groshong claimed to be of these beneficiary to both that she Groshong claimed plans. Joanne beneficiary when made the new had been of benefi- filled out her husband ciary forms. provided plan documents
The retirement change of would that no unless the effective until and Goss, Risch, Insinger by the & Salla- forms were received D. David Boise, appellants. day, Hall, Boise, competing claims to the bene- Faced with Lojek & Lojek,
Donald fits, brought interpleading action IDS respondent.
849 possible court, all claimants. sit- United Services Insurance Co. v. ting Moss, (W.Dist.Va.1969); jury, F.Supp. without found that Mr. Grosh- ong Reeves, had intended to F.2d beneficiary Tomaneng *3 (6th Cir.1950); States, plans under his these from for- Mitchell v. United wife, 758, Cir.1948). Ruby, present (5th mer to his 165 F.2d 760 The Joanne. concluded that Mr. prong rеquires discerning The first substantially had complied with change the intent of the insured to the requirements change the to the benefjciary Moss, beneficiary. supra, F.Supp. 303 plans. Accordingly, of his retirement the 76, signed at the insured had filled out and proceeds Joanne, court awarded the to less forms, change kept the but adjustment Ruby’s community inter- possession years the forms in his for two plans. Ruby Groshong appeals. est the forwarding without them the to insurance The issue before this is whether Court despite company, requests several from the ruling the trial cоurt erred in that the insurance that the forms for be effectively changed exe- warded. The court concluded that the in witnesses, of the forms cution before de- sured’s the retention of forms for two spite the fact the forms not were received years demonstrated that he had defi not by the compa- head office the insurance change. nitely determined to effectuate a ny, receipt under the 209, In Tomaneng, supra, 180 F.2d at terms of the documents. requested compa- the insured the insurance by majority The taken the view of сourts ny change to send him a change is that a can be ef form so that he could remove his wife’s complete compliance fected without replace policy name from it with the provisions policy regarding the no his sister’s name. The forms never were uphold tice and endorsement. The courts signed possession his and were retained in ing this accept compliance view at the time of his death. The court noted determining sufficient standard for changed the had that deceased benefi- change whether a valid has previous ciaries two occasions and un- Hence, been effected. required procedure. Woodman Accident and derstood the Puricelli, (Mo. sign Co. v. 64 669 S.W.2d the failure the to insured the forms Life App.1984); nearly Manhattan Insurance and his retention of the forms for Co. Life Barnes, (9th Cir.1972); 462 persuaded v. F.2d 629 four court that months the the Bank, insured not in his Witt Citizens National 440 definite determina- change tion to (Tex.Cir.App.1969); Republic S.W.2d 112 beneficiaries. Sackman,
National
Insurance Co. v.
Life
846,
Gibson, supra,
459
at
So.2d
(6th Cir.1963);
F.2d 756
Bowser v.
324
insured was familiar with
insurance
Bowser,
97,
(1949);
202 Okl.
ficiary, the
nothing
court viewed wife’s testimo-
forms were never found. There is
mother,
ny,
testimony
the record
deceased’s
to indicate that Mr.
regard-
changed
stated
heard
likely
who
she
conversations
his mind. It
if
ing
beneficiary,
copy
changed
he had
his mind he would have
government
report
telephoned
secretary
during
the inter-
vening days
as sufficient evidence of the insured’s de-
instructed
destroy
her to
Therefore,
change beneficiary.
termination to
the documents.
the trial court
justified
finding
court added further that
insurance was
the insured
“[t]hese
cases are difficult of
must
decision. Each
had determined to
light
decided in the
facts.
its own
*4
prong
The second
of the
is whether
test
strict
a change
The
law is that
of benefi-
everything
insured
the
hаd done
to the best
ciary
writing
prop-
must be made in
ability
change.
the
A
of
to effect
num-
done,
er form.
this has
Where
not been
of courts
taken
that a
ber
have
the view
to
the courts will brush aside technicalities
change
effected
beneficiary
valid
of
give effect to
intention of
insured.”
the
the
request
the
made a signed
where
insured
at
165 F.2d
761.
change
of
in the
and was
change
possession
of the
of
by
have been
the
Several factors
viewed
forms,
opportuni-
but died before he had an
providing
courts as
foundation to
sufficient
ty tо mail the documents to
insurer. 5
the
conclude that the insured
determined
had
Couch,
2d,
G.
Couch on Insurance
28:76
change
beneficiary. Among
§
to
those
the
Ed.1984).
(2d
completeness
factors is the
the
with which
filled
insured
out the forms.
In the instant
Konagiskie,
In
318 Pa.
Skamoricus
action,
eyewitness
the
account of'
have
(Pa.1935),
177 A.
the insured
Groshong and Max
an em-
Joanne
change
a
of
form
ployee
agency,
of the insurance
that the
by
was
witnessed
completed
signed.
forms were
company,
and the insured took
notary
signature
to
the form a
to have his
Further,
given
the courts
also
have
to,
notary
not
the
sworn
but the
was
weight
testimony
to the
of witnesses which
left,
died the fol-
office.
insured
establish
the insured intended to make
lowing morning
the form
still
while
change of beneficiary. Again,
a
the testi-
Compliance
policy
notary’s
with
the
office.
mony
of
Buffi
and Max
provisions required the insured to forward
Timothy Groshong
intended
establish
in-
the
forms
beneficiary.
name a
to
company, but the court held that
surance
the
Where
every
ef-
insured had made
reasonable
the
not
completed
signed,
has been
Thereforе,
change.
the
fort
to effect a
to
company,
forwarded
the insurance
the
verdict
favor of
second
time
weighed
courts have
the amount of
upheld.
execution of the form and
between
(3d
Stecker,
In Schwerdtfeger
change
the beneficiary
American United
to his wife. The
Co.,
(6th
agent
Insurance
June, sig- 1983 and Max Buffi added his it, transpired, and what told and was be- at the request nature of Mr. lieved. signify order to Buffi had offi- cially Groshong’s signa- witnessed Mr. BAKES, Justice, dissenting: ture on each of two forms. case, beneficiary designat- each interpleader spouses In this two action ed was his clаimed under late status Groshong, V. JoAnne one of the defend- Timothy Groshong’s plans. ants herein. Mr. was not un- (the widow) decedent’s of any der the influence or intoxicants entirely her upon based claim an oral claim drugs give any at the time nor did shortly before his death the decedent signs executing these forms as a re- had executed a form Tr., sult pp. duress coercion. her favor. no 8-9. ficiary form was ever found. Grosh- stipulation standing That alone was a suffi- (the wife) ong former claimed to be cient Judge basis the decision which upon decedent’s bаsed an earli- stipulated Newhouse reached. Those are designation er written may facts. While it been inten- with filed the insurance com- Ruby’s stipulate tion of counsel to pany the deceased. The sole be- issue Max Buffi would have so testified had he fore this Court is whether there was sub- present, stipulation
been
read into the
competent
stantial
record
qualified
was not couched in such
Groshong substantially complied
*7
language.
time,
At the same
in the earlier
requirements
changing his
contractual
for
colloquy
Ruby Groshong
counsеl for
initial-
beneficiary under
named
his IDS retire-
ly had stated his intention to contact Buffi
issue,
plan.
addressing
ment
this
both
during
ensuing
just justify
week “and
majority opinion
court
and
my
own conscience that he in fact did
evidentiary
apply
proper
have failed
witness what he
in
said
witnessed
prior
our
by
test as
cases. There-
stipulation of
If
facts.
I’m satisfied with
fore, I dissent.
that,
anything
we won’t have
further to do
not,
Lojek
one-page
with Mr. Buffi. If I’m
I
trial court issued a short
and
agreed
are
deposition
that I could take his
opinion,
any
which failed to include
find-
and we would submit that to the court for
ings
fact or
of law.
If the
of
conclusions
the court’s review.”
written
of
trial court had made
conclusions
been
law it would have
evident that under
Only one conclusion can
drawn. The
plaintiff
required to
Idaho case law
was
stipulation which later was read into the
convincing”
prove
by
her claim “clear and
record, supra,
stipula-
intended
be a
merely
preponder-
aby
and not
evidence
tion of facts which would
stand
such
long history of
ance. There is a
Idaho
Ruby passed
until
judgment
counsel
convincing
supporting
clear and
cases
credibility of and unless counsel
requirement in situations
a
incredible,
where
stipulation
found him
re-
seeking
a
party is
to overturn written doc-
binding. may
mained intact and
It
to some
unusual,
parol
evidence. This
my
seem
it
ument
Court’s
but to mind was coun-
238,
in
display
Lynch Cheney,
sel’s
decision
Idaho
commendable
of reasonable
(1977),
243,
380, 385
respect
empir-
for the
is no
561 P.2d
summarized
witness. There
ability
requirement
ical data which
doubt on
as follows:
casts
previously
law,
this
ad
“While
Court has not
of fact or
have no
conclusions
question
knowing
dressed
standard
way
applied
what
whether the court
proof
necessary
prove
a claim
the clear
convincing
and
evidence test dic-
compromise
we have
judgment,
oral
of a
past
tated
our
cases. This situation
convincing,
a
required a clear
and
require
alone should
at least a reversal and
proof
and
satisfactory
clear
standard
remand for
the trial
reconsideration
analogous
in
circumstances such
applying
proper
standard. See
contract,
modification
oral
of a writtеn
Quick
Crane,
727 P.2d
Idaho
Co.,
Development
v. Lei
Prairie
Ltd.
(1986).
(1909)
berg, 15 Idaho
fashion, possession into doc- came
uments, will, including Groshong’s Mr.
which were on in his desk at the time death,” accurately
his does reflect
evidence in the record. Joanne (the decedent’s at the time his wife 736P.2d 1309 death) herself testified that after death his Vulk, Robert C. VULK and Lеona F. Groshong’s desk was cleaned out Plaintiffs-Appellants, boss, Dobson, Polly Eben Anderson, secretary. She then testified ultimately up those documents ended (un- HALEY, Joe John Does I and II in the Groshong, hands of she known) Representative Personal they got had no idea how there. That is Haley, Estate Bret Defendants-Re- record, the evidence in explains and it spondents. how the former wife ob- No. 16302. tained the documents. The additional statement in majority opinion “Mr. Supreme Court of Idaho. again never of- returned to his fice” supported by is not the record. He April 1987. did fishing trip not leave for his town approximately days suppos- after two
edly executed the new of benefi- form,
ciary during could time he gone destroyed to the office and
form. *9 record,
Reviewing the it is clear
even if applied prop- the trial
er proof standard of as a matter of law
evidence was far short what should be
required to meet the “clear and convinc-
ing” test. This ruled in Bal- Court Russ Resort,
lard Springs & F.A.I. v. Lava Hot
Inc., Idaho P.2d 72
where the apply trial court failed to convincing”
“clear and evidence test and,
Court can evaluate if that
