- 22 - In the final version that the parties executed, the "After the divorce" sentence read as follows: After the divorce, Mrs. Lineweaver shall, until she remarries, remain the beneficiary of life insurance policies providing regular coverage (as opposed to double indemnity) in an amount of not less than $100,000.00, with the beneficiaries of the remaining life insurance policies being the children, provided however that Mr. Lineweaver has the right to designate someone other than the children as beneficiaries of policies providing regular coverage (as opposed to double indemnity) of up to $100,000.00. [Emphasis added.] The evolution of this third sentence of the life insurance paragraph clearly shows that Kathleen was to remain a beneficiary of policies after the divorce and "until she remarries".10 Contrary to that clear "until she remarries" language in the third sentence, the estate argues that the fourth sentence of the life insurance paragraph imposes two conditions for the termination of her right to be named as a beneficiary on insurance policies in an amount of at least $100,000; namely both her remarriage and having all three children reach the age of 21. The Court finds this to be a strained and illogical reading. In the early draft where Kathleen was not a beneficiary at all after the divorce, the proposed fourth sentence read: 10 Much of the confusion at trial on the part of counsel for both parties and the Court was caused by a collective failure to consider the evolution of the language of this third sentence. The Court found confusing and ambiguous the final "provided however" clause because its derivation was not clear to the Court during the trial. The Court did not find confusing or ambiguous the "until she remarries" language.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011