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MCGINNISS APPEAL. (07/03/59)

July 3, 1959

MCGINNISS APPEAL.


Appeal, No. 181, Oct. T., 195., from judgment of Municipal Court of Philadelphia County, Oct. T., 1957, No. 3060, in case of Jean C. Sharkey v. Metropolitan Life Insurance Company. Judgment affirmed.

COUNSEL

Ivan Michaelson Czap, with him Paul A. Rafferty, for appellant.

William N. J. McGinniss, for appellee.

Before Rhodes, P.j., Hirt, Wright, Woodside, Ervin, and Watkins, JJ. (gunther, J., absent).

Author: Wright

[ 190 Pa. Super. Page 140]

OPINION BY WRIGHT, J.

We are here concerned with a proceeding to determine which of two rival claimants is entitled to insurance proceeds payable on a group insurance policy issued by Metropolitan Life Insurance Company to The Electric Storage Battery Company, the employer of Mae V. Sharkey, deceased. The case was tried without a jury. The trial judge found for the plaintiff, Jean C. Sharkey. The interpleaded claimant, Thomas F. McGinniss, filed motions for a new trial and for judgment n.o.v. These motions were dismissed by the court en banc, and judgment was entered upon the finding of the trial judge. McGinniss has appealed. The facts are set forth in the following excerpt from the opinion below:

"Mae V. Sharkey, an employee of The Electric Storage Battery Company, died on June 9, 1955. At the time of her death, she was covered by a group life insurance policy issued by the Metropolitan Life Insurance Company to The Electric Storage Battery Company, covering the lives of employees of said company. The certificate in her possession named Thomas McGinniss, a nephew, as beneficiary.

"Jean C. Sharkey, a cousin of Mae V. Sharkey, claims that Thomas McGinniss was designated by mistake as beneficiary through a clerical error committed by an employee of The Electric Storage Battery Company, and that she is, in fact, the real beneficiary designated by Mae V. Sharkey in the manner provided for by the policy. Jean C. Sharkey filed a complaint in assumpsit against the Metropolitan Life Insurance Company. The latter, on December 12, 1957, filed a rule to show cause why Thomas McGinniss should not be interpleaded in this action. This rule was made absolute on December 27, 1958, and the Metropolitan Life Insurance Company was permitted to pay into Court

[ 190 Pa. Super. Page 141]

    the sum of $4,135.96, representing the proceeds of the policy.

"Thomas McGinniss, the claimant, filed his complaint in assumpsit setting forth that he was the beneficiary named in the certificate issued to Mae V. Sharkey, and that he is entitled to the proceeds ...

"It is undisputed that on September 20, 1939, Mae V. Sharkey, in accordance with the terms of the group insurance policy, delivered to her employer, in writing a designation ...


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