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ALLIANZ LIFE INS. CO. OF NORTH AMERICA v. OATES

No. 33,045-CA.

756 So.2d 677 (2000)

ALLIANZ LIFE INSURANCE COMPANY OF NORTH AMERICA, Plaintiff-Appellee, v. Jean Alice Starr OATES and Beverly Jeannie Oates, Defendants-Appellants.

Court of Appeal of Louisiana, Second Circuit.

April 5, 2000.

Attorney(s) appearing for the Case

Love, Rigby, Dehan & McDaniel by Truly W. McDaniel, Shreveport, Counsel for Defendant-Appellant, Beverly Jeannie Oates.

Patricia N. Miramon, Shreveport, Counsel for Defendant-Appellee, Jean Alice Starr Oates.

Tristan Edwards Manthey, New Orleans, Counsel for Plaintiff-Appellee, Allianz Life Ins. Co.

Before NORRIS, C.J., and WILLIAMS and PEATROSS, JJ.

NORRIS, Chief Judge.

Allianz Life Insurance Company of North America brought a concursus proceeding to determine the rights to death benefits under a life insurance policy issued to Monroe Boyce Oates in 1977. In a subsequent divorce and community property settlement, the policy was designated as a "co-owned" asset of Oates and his first wife. After his death, Oates' first wife challenged the designation of the second wife as beneficiary. The district court granted...

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