GRAVES v. GARDEN STATE LIFE INS.

No. 2003 CA 2208, 2003 CA 2209.

887 So.2d 506 (2004)

Ann GRAVES and Christy Graves as Executrixes of the Succession of Emory Lea Graves, Sr. v. GARDEN STATE LIFE INSURANCE. Garden State Life Insurance v. Ann Elizabeth Graves, as Executrix of the Succession of Emory Lea Graves, Sr. and Julie Esther Kennedy Fagan. As Executrix of the Succession of Sylvia Antonia Kennedy-Graves.

Court of Appeal of Louisiana, First Circuit.

September 17, 2004.


Attorney(s) appearing for the Case

Raymond C. Burkart, Jr., Covington, Counsel for Plaintiffs/Appellees Ann Graves and Christy Graves.

J. Jackson Stamps, Thomas E. Schafer, III, Slidell, Counsel for Defendant/Appellant Julie Kennedy-Fagan.

B. Aven Bruser, Counsel for Defendant Garden State Life Insurance Co.

B. Aven Bruser, New Orleans, Counsel for Plaintiff/Appellee Garden State Life Insurance Co.

Raymond C. Burkart, Jr., Covington, Counsel for Defendant Ann Graves.

Before: WHIPPLE, FITZSIMMONS and DOWNING, JJ.


DOWNING, J.

This is a dispute over who is entitled to the proceeds of a fifty thousand dollar life insurance policy after the designated beneficiary died at the hands of the insured who then killed himself. Julie Fagan, daughter of the deceased, Sylvia Graves, appeals the granting of a partial summary judgment in favor of Christy and Ann Graves, daughters of Sylvia's husband, Emory Lea Graves. The trial court decided that although Sylvia was the primary beneficiary...

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