189 A. 752 | Pa. Super. Ct. | 1936
Argued November 18, 1936.
The facility of payment clause commonly inserted in industrial policies of life insurance imposes no duty or obligation on the insurance company to resort to its provisions and decide, as between two or more rival claimants, which one is equitably entitled to the insurance money due. It has the option of doing so, where no specific beneficiary is named, — (See Beard v. John Hancock Mutual Life Ins. Co.,
Two persons made claim to the money payable by the defendant insurance company on the death of the insured in this case. Each claimant has brought suit to enforce his or her right to the fund. It is not the province of the court below in this proceeding to decide between them. It has not found that either claim was colorable, frivolous or collusive. (McKinley v.Mutual Life Ins. Co., supra. p. 304). The defendant insurance company, faced with the risk of incurring expense in defending two actions and perhaps of being compelled to pay the money twice, has asked leave to pay the insurance money into court and that the rival claimants be required to interplead. It is a mere stakeholder, without interest in the ultimate outcome of the litigation. Its petition avers sufficient facts to bring it within the provisions of the Act of March 11, 1836, supra, and is free from the defects pointed out in Fidelity Trust Co. v.William Penn Trust Co.,
Counsel for both sides and the court below treated the Act of 1836 as here applicable1 and for the purposes of this case we have so considered it. But aside from that statute the issue prayed for should have been awarded under the common law:McKinley v. Mutual Life Ins. Co., supra, p. 304; Clarke Cohenv. Real, supra, pp. 108, 109.
The assignments of error are sustained and the order is reversed, and it is directed that the rule granted be reinstated and made absolute; and it is further ordered *124 that on payment into the court below of the insurance money due under its policy No. 964389 MS, and the costs of suit accrued to the filing of its petition for interpleader, the defendant insurance company be relieved of further liability in said action. Costs on this appeal to be paid by appellee.
The same order will be entered in the case of Leon Zimlickiv. Metropolitan Life Ins. Co., Appellant, No. 3, October Term 1937, appeal from the Court of Common Pleas of Northumberland County to September Term 1936, No. 639.