Flood v. Fidelity & Guaranty Life Insurance Co.

Fidelity & Guaranty Life Insurance (defendant) refused to pay life-insurance proceeds after Richard Flood's wife, Ellen Flood, murdered him; the policy and a later ownership-change form naming her as owner both purportedly bore Mr. Flood's signature, but Fidelity's handwriting expert testified the signatures did not match his handwriting, and evidence showed Mrs. Flood had separately inquired about buying a $100,000 policy on her husband without his knowledge. Mr. Flood's estate (plaintiff) sued for payment after Mrs. Flood's murder conviction and Fidelity's refusal; the trial court ruled for the estate, finding no direct proof Mr. Flood was unaware of the policy or that Mrs. Flood intended murder when she obtained it, and Fidelity appealed.