KELLY v. MEDICAL LIFE INS. CO.

No. 86-1449.

31 Ohio St. 3d 130 (1987)

KELLY ET AL., APPELLANTS, v. MEDICAL LIFE INSURANCE COMPANY; KELLY, APPELLEE.

Supreme Court of Ohio.

Decided June 24, 1987.


Attorney(s) appearing for the Case

Kemp, Schaeffer & Rowe Co., L.P.A., and Harold R. Kemp, for appellants.

W. Richard Hayes, for appellee.


DOUGLAS, J.

Appellee Joseph Kelly concedes that a constructive trust should be imposed in appellants' favor on the insurance proceeds at bar. The sole question remaining for our determination is whether the constructive trust is to be imposed on the entire amount of such proceeds, or only on that portion which would be necessary to satisfy James Kelly's child support obligation. For the following reasons, we conclude that appellants are entitled to the imposition...

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