United States Fifth Circuit
GUARDIAN LIFE INS. CO. v. FINCH, 04-10212
In an interpleader action to determine the beneficiary of a life insurance plan governed by ERISA, applying the federal common law of waiver, decedent's estate should receive the proceeds since the named beneficiary waived her rights to them when she and decedent divorced.
Appellate Information
- Decided 12/23/2004
- Published 12/23/2004
Judges
- KING, Chief Judge:, Before KING, Chief Judge, and HIGGINBOTHAM and DAVIS, Circuit Judges.
Court
- United States Fifth Circuit
Counsel
- For Appellant:
- E. Stratton Horres, Jr., Rebecca Michelle Alcantar, Deanna Lynn Stuemke, Wilson, Elser, Moskowitz, Edelman & Dicker, Dallas, TX, for Guardian Life Ins. Co of America, Amicus Curiae.
- For Appellees:
- Cameron Davis Gray (argued), Law Offices of Cameron D. Gray, Dallas, TX, for Defendant-Appellant., David C. Turner, Jr. (argued), Law Office of David C. Turner, Jr., Bonham, TX, for Defendant-Appellee.