AMERICAN GENERAL LIFE INS. CO. v. FINE

No. 90-3857.

944 F.2d 232 (1991)

AMERICAN GENERAL LIFE INSURANCE COMPANY, Plaintiff-Appellee, v. David R. FINE and Jonathan M. Fine, Defendants-Appellees, v. Sarah Shelton FINE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 9, 1991.


Attorney(s) appearing for the Case

Douglas S. Draper, Friend, Wilson & Draper, New Orleans, La., for defendant-appellant.

Richard K. Leefe, Leefe, Donelon & Koehler, Metairie, La., J. Murray Pinkston, III, Fine & Fine, New Orleans, La., for David and Jonathan Fine.

Raymond J. Salassi, Jr., Jones, Walker, Waechter, Poitevent, Carrere & Denegren, New Orleans, La., for American Gen. Life.

Before WISDOM, KING, and DUHE Circuit Judges.


WISDOM, Circuit Judge:

This case involves the validity and effect of an executed "Change of Beneficiary" form that was taped together after being torn into over thirty pieces. At stake is fifty percent of the proceeds of a life insurance policy with a death benefit of one million dollars. The district court granted a motion for summary judgment in favor of the insured's sons, David and Jonathan Fine. The sons base their claim to the proceeds on a "Change of Beneficiary...

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