145 Ga. App. 721 | Ga. Ct. App. | 1978
This appeal arises out of the grant of a summary judgment resulting in denial of an insurance claim. The facts show that in 1971 John Rudd took out a family policy of life insurance in the amount of $5,000 with double indemnity for accidental death. The policy also provided for insurance coverage for the insured’s wife and each child or afterborn child born to the insured and the insured’s wife. At no point in the policy is a .beneficiary named except as "the insured’s wife.” As a family policy, it provided for the insuring of children, even though the insured Rudd had no children. At the time the policy was issued, the appellant Pamela West, a/k/a Pamela Rudd, was married to John Rudd. Though she is not listed as a named beneficiary, Ms. West signed the application for insurance consenting to the terms of the policy and confirming any representations made relative to her as
The policy of insurance provided that payments of death benefits would be paid when due, as follows: "The amount payable upon the death of the Insured shall be paid to the Insured Wife, if living, otherwise to the estate of the Insured.” As discussed above, at no point in the policy is Ms. West named as a beneficiary. In all references to members of the family, this being a family policy, the beneficiaries are designated "the insured wife” or the "insured child.” It is apparent, therefore, that the intended beneficiary of the policy in question is one who occupies a status, i.e., "wife” rather than a named person. There are no cases in this jurisdiction directly addressing this point. However, in 44 AmJur2d 669, Insurance, § 1758, under the discussion of the subject of insurance, it is stated in pertinent part that if a beneficiary is not named but is designated merely by a status, such as "wife,” the
Judgment affirmed.