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JACKSON NATIONAL LIFE INSURANCE COMPANY v. KENNEDY-FAGAN

No. 2003 CA 0054.

873 So.2d 44 (2004)

JACKSON NATIONAL LIFE INSURANCE COMPANY v. Julie Esther KENNEDY-FAGAN, Individually and as Executrix of the Succession of Sylvia Antonia Acosta Kennedy-Graves; and Christy Graves, Emory L. Graves, Jr. and Ann Graves, Individually and as Representatives of the Succession of Emory Lea Graves, Sr.

Court of Appeal of Louisiana, First Circuit.

Writ Denied April 23, 2004.

Attorney(s) appearing for the Case

Gregory J. Walsh, New Orleans, Counsel for Plaintiff/Appellee Jackson National Life Ins. Co.

J. Jackson Stamps, T. Lynn Witt-Stamps, Thomas E. Schafe, III, Slidell, Counsel for Defendant/Appellant Julie Esther Kennedy-Fagan.

Raymond C. Burkart, Jr., Mandeville, Counsel for Defendants/Appellees Christy Graves and Ann Graves, Individually and as Executrixes of the Succession of Emory L. Graves, Sr., and Emory L. Graves, Jr.

Before: FOIL, KUHN, PETTIGREW, FITZSIMMONS, and GAIDRY, JJ.

GAIDRY, J.

This controversy arises from the tragic murder-suicide of an elderly couple, alleged to have resulted from a suicide pact. It presents a res nova issue for our determination: May the succession or heirs of the insured under a life insurance policy succeed to the rights of a partial beneficiary under the policy terms, if the partial beneficiary was intentionally killed by the insured? We answer this question no, but based upon the policy language...

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