Lundeen v. Cordner

354 F.2d 401 (8th Cir. 1966)

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Nature of the Case

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Facts

Joseph Cordner owned a group life policy and named his children, Maureen and Michael, as his beneficiaries. Cornder divorced his wife, remarried, and had another child. Cordner then changed the beneficiary designation on his insurance policy to the benefit of his new wife and child. All the proper paperwork was completed, but the changes were never recorded. Cordner died. Lundeen (P), acting as the guardian for Maureen and Michael, and France Cordner (D), the decedent's new wife, claimed the funds. The insurance company interpleaded the funds. P claimed that the children's names on the policy established a prima facie case for them and D presented affidavits and exhibits which established that the decedent had done everything in his power to change the designation. P did not challenge D's evidence. P merely submitted her own counter-affidavit averring that Joseph was interested in the future financial welfare of Maureen and Michael. The court granted a summary judgment for D. P appealed; the court failed to allow the cross-examination of Burk, the company's agent who assisted Joseph Cordner in changing beneficiaries. P claimed that the jury should be permitted to decide the credibility of Burk.