{ "id": 8550502, "name": "REBECCA YAVORSKY DeVANE v. THE TRAVELERS INSURANCE COMPANY and BETTY VERBEE DeVANE YOUNG", "name_abbreviation": "DeVane v. Travelers Insurance", "decision_date": "1970-05-27", "docket_number": "No. 705DC134", "first_page": "247", "last_page": "251", "citations": [ { "type": "official", "cite": "8 N.C. App. 247" } ], "court": { "name_abbreviation": "N.C. Ct. App.", "id": 14983, "name": "North Carolina Court of Appeals" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "171 S.E. 2d 807", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1970, "opinion_index": 0 }, { "cite": "7 N.C. App. 202", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8548890 ], "year": 1970, "opinion_index": 0, "case_paths": [ "/nc-app/7/0202-01" ] }, { "cite": "166 S.E. 2d 495", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1969, "opinion_index": 0 }, { "cite": "4 N.C. App. 221", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8552514 ], "year": 1969, "opinion_index": 0, "case_paths": [ "/nc-app/4/0221-01" ] } ], "analysis": { "cardinality": 456, "char_count": 10120, "ocr_confidence": 0.602, "pagerank": { "raw": 1.0404537531657032e-07, "percentile": 0.5506315233050266 }, "sha256": "65d009d2a29c50980c8a2af4a4355461b04af8d3f3cab4f17e1c47a209ec3d0e", "simhash": "1:807f612b79d9400b", "word_count": 1642 }, "last_updated": "2023-07-14T18:36:14.673474+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "BROCK and HedriCK, JJ., concur." ], "parties": [ "REBECCA YAVORSKY DeVANE v. THE TRAVELERS INSURANCE COMPANY and BETTY VERBEE DeVANE YOUNG" ], "opinions": [ { "text": "Beitt, J.\nPlaintiff raises two questions on appeal: (1) Did the separation agreement constitute a revocation of the designation of Betty as beneficiary under the group life and accident policy? (2) Did the absolute divorce obtained by Bobby operate as a revocation of the designation of Betty as beneficiary under the group life and accident policy? We answer both questions in the negative.\n(1) In Zachary v. Trust Co., 4 N.C. App. 221, 166 S.E. 2d 495 (1969), the court explained that \u201cwhile the failure of the husband to exercise his power to change the beneficiary ordinarily indicates that he does not wish to effect such a change, each case must-be decided upon its own facts.\u201d The separation agreement in the-instant case did not expressly refer to the insurance benefits, but-provided, in part, that Betty \u201crelinquishes and quitclaims unto the-said Bobby Knox DeVane all her right, title and interest in and to> the property of the said Bobby Knox DeVane, whether now owned! or hereafter acquired by him, except the right to demand and receive the monthly payments hereinbefore specified to be paid by the said Bobby Knox DeVane for the support of his children, and covenants and agrees well and truly to perform and abide by this contract.\u201d\nIn Tobacco Group Ltd. v. Trust Co., 7 N.C. App. 202, 171 S.E. 2d 807 (1970), the court quoted the prevailing rule of construction as expressed in 4 Couch on Insurance 2d, \u00a7 27:114, p. 655:\n\u201cGeneral expression or clauses in a property settlement agreement between a husband and a wife, however, are not to be construed as including an assignment or renunciation of expectancies, and a beneficiary therefore retains his status under an insurance policy if it does not clearly appear from the agreement that in addition to the segregation of the property of the spouses it was intended to deprive either spouse of the right to take under an insurance contract of the other * *\nThe court in that case held that the general language of a separation agreement by which each party released all rights in the property of the other did not reveal a clear intent that the wife therein relinquished rights which she later acquired as beneficiary under a pension plan established by her husband\u2019s employer. Parker, J., at page 205, explained the position taken by the court:\n\u201c* * * Appellant and her husband were the only parties, and by executing the agreement neither of them relinquished any rights which either then had or thereafter acquired as against the petitioner under its pension plan. The fact that at the date of the separation agreement the husband had certain vested rights under the plan lends no support to the * * * conclusion that the wife, by executing the separation agreement, thereby relinquished such separate rights as she either then had or might thereafter acquire against petitioner under the provisions of the plan. Her rights under the pension plan were not included in the property of the \u2018other party,\u2019 her husband, which she relinquished by the separation agreement.\u201d\nThe record discloses that Bobby had the right to change the beneficiary by filing a written request for such a change with his employer. As the separation agreement furnishes no clear expression of intent to the contrary, we are of the opinion that, as was suggested in Tobacco Group Ltd. and Zachary, \u201chis failure to exercise it would indicate that he did not wish to effect such a change,\u201d and we will not read such an intent into the general language of this separation agreement.\n(2) Plaintiff contends that the absolute divorce operated so as to revoke the designation of Betty as beneficiary of the group life and accident policy. The contention proceeds along the following lines: (a) protection is provided for dependents of the employee, (b) \u201cdependent\u201d as used in the policy is limited to \u201cthe Employee\u2019s wife or husband, as the case may be,\u201d (c) dependents cease to be covered \u201c[w]hen such person ceases to be a Dependent of the Employee\u201d and (d) Betty was no longer a dependent at the time of Bobby\u2019s death, therefore, she is not entitled to receive the proceeds of this insurance policy.\nAn examination of the policy, however, discloses that the terms \u201cbeneficiary\u201d and \u201cdependent\u201d are not interchangeable. The certificate included accidental death coverage for employees as well as surgical and major medical benefits for employees and their dependents. The term \u201cdependent\u201d is material and pertinent only as it relates to those sections of the certificate setting out medical benefits; the policy discloses no intent that the term \u201cdependent\u201d should operate as a limitation on the term \u201cbeneficiary.\u201d\nAlthough the legislature has provided in G.S. 58-281 that absolute divorce automatically annuls the designation of a husband or wife as beneficiary in a policy issued by a fraternal order or society, policies of that type are mi generis. There is no similar provision applicable to insurance policies generally. Neither G.S. 50-11 which provides that \u201call rights arising out of the marriage shall cease and determine,\u201d nor G.S. 31A-1 which bars rights to \u201c[a]ny rights or interests in the property of the other spouse\u201d discloses a legislative intent that divorce should annul or revoke the beneficiary designation in a garden-variety insurance certificate.\nFor the reasons stated, the judgment of the district court is\nAffirmed.\nBROCK and HedriCK, JJ., concur.", "type": "majority", "author": "Beitt, J." } ], "attorneys": [ "Aaron Goldberg and Herbert P. Scott for plaintiff appellant.", "Marshall, Williams & Gorham by A. Dumay Gorham, Jr., for defendant appellee, Travelers Insurance Company." ], "corrections": "", "head_matter": "REBECCA YAVORSKY DeVANE v. THE TRAVELERS INSURANCE COMPANY and BETTY VERBEE DeVANE YOUNG\nNo. 705DC134\n(Filed 27 May 1970)\n1. Insurance \u00a7 29; Husband and Wife \u00a7 11\u2014 separation agreement \u2014 effect on designation of wife as life insurance beneficiary\nSeparation agreement in which the former wife of deceased relinquished all her right, title and interest in deceased\u2019s property, held, not to constitute a revocation of the designation of the former wife as beneficiary under a group life and accidental death policy furnished deceased by his employer, deceased\u2019s failure to exercise his right to change the beneficiary having indicated that he did not wish to effect such a change, and the separation agreement having furnished no clear expression of intent to the contrary.\n2. Insurance \u00a7 29\u2014 absolute divorce \u2014 effect on designation of former wife as life insurance beneficiary\nUnder group insurance plan which included accidental death coverage for employees and surgical and medical benefits for employees and their dependents, the term \u201cdependent\u201d related only to those sections of the certificate setting out medical benefits and did not limit the term \u201cbeneficiary\u201d ; consequently, absolute divorce obtained by deceased from his former wife did not revoke the designation of the former wife as beneficiary under the life and accident policy even though she was no longer his \u201cdependent.\u201d\n3. Insurance \u00a7 29\u2014 absolute divorce \u2014 effect on designation of former wife as life insurance beneficiary\nNeither G-.S. 50-11 which provides that \u201call rights arising out of the marriage shall cease and determine,\u201d nor G.S. 31A-1 which bars \u201crights or interests in the property of the other spouse\u201d discloses a legislative intent that divorce should annul or revoke the beneficiary designation in a life and accident policy.\nAppeal by plaintiff from Burnett, District Judge, at the October 1969 Session of New HaNoveR District Court.\nIn this civil action, plaintiff, as the widow and administratrix of Bobby K. DeVane, seeks to recover group life and accidental death benefits under a policy written by Travelers Insurance Company (Travelers) and furnished to Bobby K. DeVane (Bobby) by his employer. The parties waived trial by jury and the trial court made, inter alia, findings of fact summarized as fellows:\nOn and prior to 8 June 1961, Bobby was married to the feme defendant (Betty). As a part of Timme Corporation\u2019s normal hiring procedure, Bobby furnished certain dependent information to Timme and designated in writing that his then wife, Betty, be the beneficiary under his group life and accidental death insurance plan. Subsequently, Bobby was issued a certificate of insurance setting forth the various coverages afforded to the employees of Timme under the two Travelers group policies and designating the method by which the beneficiary could be changed. In 1964 Bobby and Betty separated pursuant to a separation agreement which agreement did not expressly refer to the aforementioned insurance benefits but provided, in part, that Betty \u201crelinquishes and quitclaims unto the said Bobby Knox DeVane all her right, title and interest in and to the property of the said (Bobby) whether now owned or hereafter acquired by him, except the right to demand and receive the monthly payments hereinbefore specified to be paid by (Bobby) for the support of his children.\u201d On 7 July 1965, Bobby obtained an absolute divorce from Betty. On 11 July 1965, Bobby married plaintiff and was living with her at the time of his death. On or about 16 July 1965, Bobby can-celled his dependent\u2019s medical insurance on Betty and named plaintiff as beneficiary of that insurance. At that time Bobby was asked if he wished to change the beneficiary designated under his group life and accidental death plan from Betty to plaintiff, but he did not request such change at that time and stated, \u201cI\u2019ll see you later.\u201d On 17 November 1965, Bobby named plaintiff his beneficiary under his profit sharing plan. On 8 August 1966, Bobby died from injuries sustained in an automobile accident on 7 August 1966. At the time of his death, Bobby had not changed the beneficiary under his group life and accidental death plan.\nThe court concluded that neither the separation agreement nor the absolute divorce revoked the designation of Betty as beneficiary under the group life and accidental death plan, and that accordingly Betty is the person entitled to the contested benefits. From these conclusions and judgment based thereon, plaintiff appealed to this Court.\nAaron Goldberg and Herbert P. Scott for plaintiff appellant.\nMarshall, Williams & Gorham by A. Dumay Gorham, Jr., for defendant appellee, Travelers Insurance Company." }, "file_name": "0247-01", "first_page_order": 271, "last_page_order": 275 }