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BENTLEY v. NEW YORK LIFE INS. CO.

No. 17638.

488 N.W.2d 77 (1992)

Judy BENTLEY, Plaintiff and Appellant, v. NEW YORK LIFE INSURANCE COMPANY, Defendant, and Michele R. Foster, f/k/a Michele R. Murphy, Individually and as Guardian, and Natural Mother for Her Minor Children, Molli Erin Murphy and Patrick Michael Murphy, II, Substituted Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 22, 1992.

Rehearing Denied August 25, 1992.

Attorney(s) appearing for the Case

Gregory N. Lohr, Sioux City, Iowa, Michael Hanlon, Sioux Falls, for plaintiff and appellant.

Denis R. Eckert, Elk Point, for substituted defendant and appellee.

SABERS, Justice.

Beneficiary of a life insurance policy appeals a trial court determination denying her claim to all insurance proceeds. We reverse in part.

FACTS

Michele Foster (Foster) and Patrick Murphy (Murphy) were married on February 10, 1973. In 1976, Murphy purchased a term life insurance policy, # 35-248-152 (Policy 1), on his own life from New York Life Insurance Company (New York). Policy 1 was...

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