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Shrader v. Equitable Life Assurance Society

20 Ohio St. 3d 41, 485 N.E.2d 1031, 20 Ohio B. Rep. 343 (1985)

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Shrader v. Equitable Life Assurance Society

Ohio Supreme Court
20 Ohio St. 3d 41, 485 N.E.2d 1031, 20 Ohio B. Rep. 343 (1985)

  • Written by Sharon Feldman, JD

Facts

Equitable Life Assurance Society (Equitable) (defendant) held two life-insurance policies on Jean Shrader. Both policies named Jean’s husband, John (plaintiff) as the primary beneficiary and Jean’s parents, Dale and Leah Wolford (the Wolfords) (defendants) as the secondary beneficiary. Jean was strangled to death in a garage. No one was charged with or convicted of Jean’s murder. John sued Equitable for the policy proceeds. The Wolfords also claimed the insurance proceeds. Equitable deposited the proceeds with the court, and the Wolfords were joined as defendants. The Wolfords claimed that John was not entitled to the insurance proceeds because he had intentionally killed Jean. The court concluded that John had killed Jean and was barred from receiving the policy proceeds. The court of appeals reversed, holding that John had to be established as Jean’s killer in a criminal proceeding. The Wolfords appealed.

Rule of Law

Issue

Holding and Reasoning (Douglas, J.)

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