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EHRHARDT v. PENN MUT. LIFE INS. CO.

Nos. 93-1408, 93-1731.

21 F.3d 266 (1994)

Maxine H. EHRHARDT, Appellant, v. PENN MUTUAL LIFE INSURANCE COMPANY, Appellee. PENN MUTUAL LIFE INSURANCE COMPANY, Third Party-plaintiff, v. David G. DEMPSEY, as Trustee of the Eugene J. Ehrhardt Children's Trust; Patrick O. Boyle, as Trustee of the Eugene J. Ehrhardt Children's Trust; David G. Dempsey, as Trustee of the Eugene J. Ehrhardt Living Trust, Third Party-defendant. Maxine H. EHRHARDT, Plaintiff, v. PENN MUTUAL LIFE INSURANCE COMPANY, Defendant. PENN MUTUAL LIFE INSURANCE COMPANY, Third Party-plaintiff-Appellant, v. David G. DEMPSEY, as Trustee of the Eugene J. Ehrhardt Children's Trust; Patrick O. Boyle, as Trustee of the Eugene J. Ehrhardt Children's Trust; David G. Dempsey, as Trustee of the Eugene J. Ehrhardt Living Trust, Third Party-defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided April 11, 1994.

Rehearing Denied May 23, 1994.

Attorney(s) appearing for the Case

Alan J. Agathen, St. Louis, MO, argued, for appellant.

P. Terence Crebs, St. Louis, MO, argued, for appellee.

Before McMILLIAN, Circuit Judge, BRIGHT, Senior Circuit Judge, and MAGILL, Circuit Judge.

PER CURIAM.

Following her husband's death, Maxine Ehrhardt (Maxine), claiming entitlement to all proceeds of a life insurance policy on her husband, sought damages from Penn Mutual Life Insurance Company (Penn Mutual) based upon Penn Mutual's alleged erroneous prior distribution of the insurance proceeds to two trusts, three-fourths of the proceeds to a trust benefitting the daughters of the deceased and one-fourth to Maxine, as designated by the insured. In a third...

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