Waters v. Conselho Supremo Da Uniao Portugueza Do Estado De California

3 Citing cases

  1. Orcutt v. Ferranini

    237 Cal.App.2d 216 (Cal. Ct. App. 1965)   Cited 6 times

    " (17 Cal.2d at p. 646; see also Estate of Welfer (1952) 110 Cal.App.2d 262, 265 [ 242 P.2d 655]; Turner v. Metropolitan Life Ins. Co. (1943) 56 Cal.App.2d 862, 865 [ 133 P.2d 859]; Estate of Miller (1937) 23 Cal.App.2d 16, 18 [ 71 P.2d 1117].) In contrast to the decisions which have denied the former beneficiary the right to assert the fraud or undue influence of the substituted beneficiary, in Waters v. Conselho Supremo etc. De California (1918) 38 Cal.App. 360 [ 176 P. 368], the court upheld a judgment for the former beneficiary in an action in which she sought cancellation of a certificate naming a new beneficiary on the ground, which of several asserted was approved by the appellate court, that the insured was mentally incompetent at the time he purported to effect the change. In Abroms v. New York Life Ins. Co. (1942) 53 Cal.App.2d 764 [ 128 P.2d 391] (hearing by Supreme Court denied) the court reversed judgments of dismissal entered after a general and special demurrer had been sustained and leave to amend had been denied in an action in which plaintiff, as named beneficiary and, by attempted amendment, as administrator of the estate of his deceased wife, and surviving spouse entitled to the community property, sought reformation of a certificate allegedly erroneously issued under an annuity contract.

  2. Miller v. Sec. Life of Denver Ins. Co.

    No. C 11-1175 PJH (N.D. Cal. Mar. 26, 2012)   Cited 7 times

    See Grimm vs. Grimm, 26 Cal. 2d 173, 176 (1945). Security/ING also cites a number of cases in which a former beneficiary, divested of his or her status by acts and conduct of others during the life of the decedent, was permitted to sue to vindicate their former expectancy following the demise of the decedent. See Getty v. Getty, 187 Cal. App. 3d 1159, 1160 (1986); Orcutt v. Ferranini, 237 Cal. App. 2d 216, 221 (1965); Waters v. Conselho Supremo Da Uniao Portuguesa Do Estado De California, 38 Cal. App. 360 (1919).

  3. Platt v. Berger

    No. A102120 (Cal. Ct. App. Oct. 9, 2003)

    Platt cites no other California case involving accidents caused by a defendants epileptic seizure. Platt cites Mullen v. Bruce (1959) 168 Cal.App.2d 494 (Mullen) and Waters v. Conselho Supremo etc. (1918) 38 Cal.App. 360 (Waters). Neither is persuasive.