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Fidelity & Casualty Co. v. Mahoney

Court of Appeal of California
161 P.2d 944 (1945)


Approximately two months after marrying Patricia Mahoney (defendant), J.B. Mahoney, Sr. purchased an insurance policy from Fidelity & Casualty Co. (plaintiff), which named his son J.B. Mahoney, Jr. (defendant) as the sole beneficiary. Subsequently, the senior Mahoney was killed in an accident. Patricia demanded that the insurance company pay her one-half the proceeds under the theory that the insurance premium was paid during the marriage with community property and that the insurance proceeds were therefore also community property. The insurance company filed an interpleader action, naming both Patricia and J.B., Jr. as defendants, and submitted the insurance proceeds to the court. After a hearing on the merits between Patricia and J.B., Jr., the trial court found that the insurance proceeds were the sole property of J.B., Jr. rather than community property. Patricia appealed from that judgment.

Rule of Law


Holding and Reasoning (Wood, J.)

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