Tyre v. Aetna Life Insurance Company

54 Cal. 2d 399 (1960)

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Nature of the Case

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Facts

H and W were married in Los Angeles in 1917. H died in 1957. D issued its policy in the face amount of $20,000 upon the life of the insured in 1926. The premiums were paid from community funds. In 1946 H changed the beneficiary of the policy to make it payable to W in a lump sum. In 1950, the insured exercised his option under the policy of selecting an alternate settlement. He directed that upon his death, W receive an annuity based on her life expectancy at that time. If she failed to survive him by 10 years, the monthly payments were to be divided among the three daughters for the balance of the 10-year period only. H changed the method of payment without W's knowledge or approval. W did not learn of the change until a few months after H's death. W promptly disavowed his choice and requested payment of the face amount of the original policy in cash. D refused. W brought this action praying for $10,000 in cash representing her community interest and a declaration that the remaining $10,000 be paid according to the insured's selection at $ 61.50 per month. The trial court ruled for D, and that was affirmed by the Court of Appeals. W appealed.