Beck V. West Coast Life Insurance Co‪.‬

On May 23, 1946, the West Coast Life Insurance Company issued a life insurance policy to Mrs. D. A. Downey. The beneficiary clause provided that the proceeds be paid to "David Albert Downey -- Husband, if living, otherwise to Jettie Knoll -- Friend of the Insured." The insured reserved the right to change beneficiaries. On July 18, 1947, the primary beneficiary murdered the insured in Colorado. He has been convicted of the crime and sentenced to life imprisonment. (Downey v. People, 121 Colo. 307 [215 P.2d 892].) Herbert Beck, administrator of Mrs. Downey's estate, brought this action against the insurer to recover the proceeds of the policy. In its answer the insurer alleged that the cause of death was not within the coverage of the policy and asked that the policy be cancelled for fraud. Leave was then granted to Jettie Knoll, the alternative beneficiary, to intervene in the action. Beck and Knoll each moved for judgment on the pleadings against each other, and the trial court granted Knoll's motion and ordered that the action proceed with Knoll as sole plaintiff against the insurer. Beck has appealed from the judgment that he has no interest in the policy.