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NEW YORK LIFE INS. CO. v. CAWTHORNE

Docket No. 45169.

48 Cal.App.3d 651 (1975)

121 Cal. Rptr. 808

NEW YORK LIFE INSURANCE COMPANY, Plaintiff and Cross-defendant, v. KIMBERLY CAWTHORNE, a Minor, etc., Defendant, Cross-defendant and Respondent; WILLIE T. CAWTHORNE, Defendant, Cross-complainant and Appellant.

Court of Appeals of California, Second District, Division One.

May 30, 1975.

Attorney(s) appearing for the Case

COUNSEL

Sweeney, Cozy & Diederich and Daniel B. Diederich for Defendant, Cross-complainant and Appellant.

George Yamasaki, Jr., and Kenneth Paul Klaiman for Defendant, Cross-defendant and Respondent.

No appearance for Plaintiff and Cross-defendant.

OPINION

THOMPSON, J.

This appeal involves the narrow issue of the distribution of the proceeds of a life insurance policy purchased with community funds where one spouse has killed the other in circumstances rendering the slayer guilty of voluntary manslaughter. We conclude that the named beneficiary of the policy is not entitled to be paid the slayer's community interest in it. The slayer, having defaulted in the action at bench...

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