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UNBORN CHILD v. EVANS

No. 46312.

245 N.W.2d 600 (1976)

An UNBORN CHILD, by Brenda Wilcox, Its Mother and Natural Guardian, Appellant, v. Della EVANS, Successor in Interest to George A. Evans, deceased, et al., Respondent, v. Minnesota Mutual Life Insurance Company, et al., Respondents.

Supreme Court of Minnesota.

Rehearing Denied October 12, 1976.

Attorney(s) appearing for the Case

DeParcq, Anderson, Perl & Hunegs and Stephen S. Eckman, Gregory P. Joseph, and James R. Schwebel, Minneapolis, for appellant.

Erickson & Casey, Carl E. Erickson and John H. Erickson, Brainerd, for Evans.

Doherty, Rumble & Butler and Boyd H. Ratchye and George L. May, St. Paul, for Minn. Mutual Life Ins. Co.

Heard before OTIS, PETERSON, TODD, MacLAUGHLIN, and YETKA, JJ., and considered and decided by the court en banc.

PETERSON, Justice.

The parties in this case dispute who is entitled to life insurance proceeds payable following the death of a state employee. The district court ordered summary judgment dismissing plaintiff's complaint. We reverse.

Mark Evans married Brenda Wilcox in July 1970, and in November he began working for the State of Minnesota as a rehabilitation counselor at the Brainerd State Hospital. In December 1970, Minnesota Mutual Life Insurance Company...

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