Fidelity & Casualty Co. v. Mahoney
Court of Appeal of California
161 P.2d 944 (1945)
Relevant factsFree
About two months after marrying Patricia Mahoney (defendant), J.B. Mahoney Sr. bought a life insurance policy naming his son, J.B. Mahoney Jr. (defendant), as sole beneficiary. After the senior Mahoney was killed in an accident, Patricia claimed half the proceeds as community property, arguing the premium had been paid with marital funds. The insurer, Fidelity & Casualty (plaintiff), filed an interpleader action naming both Patricia and Mahoney Jr. and deposited the funds with the court. The trial court ruled the proceeds belonged solely to Mahoney Jr., and Patricia appealed.
IssueFree
Whether the proceeds of an insurance policy purchased during a marriage are presumed to be community property.