NEW YORK LIFE INS. CO. v. HENRIKSEN

No. 3-680A168.

421 N.E.2d 1117 (1981)

NEW YORK LIFE INSURANCE COMPANY, Appellant (Plaintiff below), v. Chester O. HENRIKSEN, Sr., Lily A. Henriksen, Lily A. Myers, Gloria Cook, and Virginia Henriksen, Appellee (Defendants below), Lily A. Henriksen As Administratrix of the Estate of Chester O. Henriksen, Jr., Appellee (Intervenor Defendants below), Lily A. Henriksen and Lily A. Henriksen As Administratrix of the Estate of Chester O. Henriksen, Jr., Appellee (Counterclaimants below), v. New York Life Insurance Company, Appellant (Counterdefendant below).

Court of Appeals of Indiana, Third District.

May 27, 1981.


Attorney(s) appearing for the Case

Joel C. Levy and Glenn R. Patterson, Singleton, Levy, Crist & Johnson, Highland, for appellant.

Robert A. Sowinski and T. Edward Ummel, Sowinski & Easterday, Plymouth, Joseph V. Simanski, Feagler & Simanski, Plymouth, for appellees.


STATON, Judge.

ON PETITION FOR REHEARING

This Court, on January 28, 1981, reversed the judgment of the trial court and concluded that where the sole owner and beneficiary of a New York Life Insurance Company policy had murdered the insured, the insurer should be relieved of any liability on the policy proceeds. Ms. Lily Henriksen petitions for a rehearing of the appeal and urges that "if New York is not liable on the policy proceeds, it should be liable...

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