45 A.2d 254 | Pa. Super. Ct. | 1945
Argued December 10, 1945. Joseph Sigora and George Sigora, Jr., who have been called plaintiffs throughout this litigation and will be so styled in this opinion, instituted assumpsit against defendant, Metropolitan Life Insurance Company, to recover as beneficiaries under a life insurance policy *500 certificate held by their father, George Sigora, Sr., who died on October 26, 1944.
At insured's death, Joseph and George Sigora, Jr., were the designated beneficiaries on the certificate issued under a group contract of insurance between Metropolitan Life Insurance Company and Westinghouse Electric and Manufacturing Company, the employer of the deceased insured. Josef Sigora was the original beneficiary, but plaintiffs were subsequently designated as beneficiaries by the insured, who, on September 13, 1938, forwarded his written request, accompanied by his certificate, to his employer. The employer noted the change on the certificate and properly entered said change on the "Register of Change of Beneficiary", which formed a part of the certificate. On September 15, 1944, the insured wrote his employer that he wished again to change the beneficiaries under his certificate in order to allow his wife, Rose Sigora, plaintiffs' stepmother, to receive one-half of the proceeds. Again on September 30, 1944, he wrote his employer that he wished still another change, stating then that he desired the present plaintiffs to take the entire proceeds to the exclusion of all others. The last two letters were not accompanied by the certificate, no change was made thereon, and no entry signifying such change was made on the beneficiary register.
After plaintiffs commenced this suit, the insurance company filed a petition for interpleader averring that a claim to the proceeds of the certificate had been made by Rose Sigora; and after notice to plaintiffs a decree was entered authorizing the insurer to pay the proceeds into court and an interpleader granted. The insurer paid the net proceeds of the certificate, $3,944.00, into court, and having disclaimed all interest in the action, the court entered an order terminating its liability to plaintiffs and to all interpleaded claimants. Claimant, Rose Sigora, filed a pleading called a "Statement in Interpleader", alleging, inter alia, her right to one-half *501 of the proceeds on the strength of decedent's letter to his employer of September 15, 1944. Plaintiffs filed no further pleading, but entered a rule for judgment on the whole record, which then, so far as the real parties in interest were concerned, consisted of the plaintiffs' original statement of claim and the claimant's statement in interpleader. The court below made this rule absolute and entered judgment for plaintiffs. Claimant then took this appeal.
The certificate of insurance issued to decedent contained the following: "Register of Change of Beneficiary. Note — Entries in this register are to be made only by the Employer. No other entries shall be recognized." From the fact, developed by the pleadings, it is obvious that the only effective change of beneficiaries was that of September 13, 1938, naming plaintiffs as beneficiaries. This was the only time when the certificate was presented for the proper change to be made by the employer. In discussing the situation the court below said: "There are numerous cases which apparently are in conflict as to what is necessary to be done in order to effect a change in beneficiary. A number of cases indicate that the test is — did the insured do all that he reasonably could do under the circumstances to effect such change? Even under that line of cases, the insured failed to do what he could have done. The pleadings make clear that the insured was aware of what was necessary to be done to change his beneficiary since in September of 1938 he delivered his instrument of insurance to his employer and at that time had the name of the beneficiary changed from his son George [Josef] to the names of the two plaintiffs. Therefore, having made this change on that occasion, he was aware of all of the elements necessary in order to change his beneficiary."
Claimant here argues that the insurance certificate does not provide that entry on the register shall be the exclusive method of changing the beneficiary, and that *502
a change may be made even though the method prescribed in the policy may not be strictly followed. In support of this contention claimant relies upon Riley v. Wirth,
Finally claimant argues that since the insurer paid the money into court, the necessity for compliance with the provisions of the policy was waived. In Grant v. Faires,
Neither party has raised any question concerning the procedure adopted in this case, but we cannot overlook *503
the grave defects disclosed by the record. The case came to us under the caption: "Joseph Sigora and George Sigora, Jr., v. Metropolitan Life Insurance Company, Defendant, and Rose Sigora, Claimant." As explained by our late President Judge KELLER in Garland v. Craven,
Judgment affirmed.