MARY R. BOZZELL, APPELLANT,
v.
THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, APPELLEE
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Mary Bozzell appealed the dismissal of her complaint challenging the distribution of her deceased son's Servicemen's Group Life Insurance policy proceeds. The court affirmed the dismissal, holding that Bozzell failed to establish that a letter from her son designated her as the sole beneficiary, and that the statutory beneficiary hierarchy in 38 U.S.C. § 770 clearly governed the distribution to both natural parents in equal shares.
The court held that Bozzell failed to state a claim upon which relief could be granted because the letter did not designate her as the sole and exclusive beneficiary under the policy, and no other issues raised by Bozzell created any doubt as to the meaning, interpretation, or applicability of the statutory beneficiary provision in 38 U.S.C. § 770.
[1] Servicemen's Group Life Insurance policy proceeds devolve by operation of law according to the hierarchy of beneficiaries in 38 U.S.C. …
[2] A letter from a Servicemember to their parent does not constitute a designation of a sole and exclusive beneficiary under a Servicemen's Group Life Insurance policy if it…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“After reading the letter written by decedent to his mother, we are unable to agree with appellant's contention that the letter designated Mary Bozzell as the sole and exclusive beneficiary under the policy.”
The court's rejection of the plaintiff's primary argument that a letter from her son constituted a valid beneficiary designation.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMichael Jones, a member of the Armed Forces, obtained a Servicemen's Group Life Insurance Policy for $15,000 but failed to designate a beneficiary. Up…
The full statement of facts, procedural history, and disposition for this case are member content.
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Plaintiff-appellant, Mary R. Bozzell, seeks review of the trial court’s final order dismissing her complaint for failure to state a claim upon which relief could be granted in an action for a declaratory decree, reformation of an insurance policy and equitable relief against defendant-appellee, Prudential Insurance Company of America.
Plaintiff’s son, Michael Jones, a member of the Armed Forces, executed a Servicemen’s Group Life Insurance Policy in the amount of $15,000, but he failed to designate any beneficiary. The son died while still in the Army and the proceeds of the subject insurance policy devolved by operation of law according to the hierarchy of beneficiaries in 38 U.S.C. § 770. The fourth classification in the hierarchy was the first in which any beneficiary for the decedent was found:
“Fourth, if none of the above, to the parents of such member or the survivor of them.”
The natural parents of Michael Jones are Mary R. Bozzell, plaintiff-appellant, and Robert F. Jones, and it was to these two people that defendant-appellee, the Prudential Insurance Company of America, paid the proceeds of the policy in equal shares.
Mary Bozzell contests in her complaint the division of the proceeds and points to a letter written by the decedent before he was killed in which, according to appellant’s interpretation, he designates his mother to be his sole and exclusive beneficiary under the policy. She also states that Robert Jones, the decedent’s natural father, had abandoned her and decedent when the decedent was an infant and had not lived with or supported either of them during their entire marriage. Appellant’s *25complaint was dismissed by the lower court for failure to state a claim upon which relief could be granted.
After reading the letter written by decedent to his mother, we are unable to agree with appellant’s contention that the letter designated Mary Bozzell as the sole and exclusive beneficiary under the policy. Since the letter is the basis of the complaint, appellant has failed to support her arguments. Nor do we find any other issues raised by appellant that would reflect any doubt as to the meaning, interpretation or applicability of the beneficiary provision of 38 U.S.C. § 770.
The lower court’s final order: of dismissal is affirmed.