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Stanton v. Fisher

No competent evidence showed that the decedent changed the beneficiary on his accidental death policy from his ex-wife to his children from a prior marriage.

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This action involves the right to proceeds of an accidental death insurance policy paid into the registry of the court by the insurer. The deceased, Charles R. Evans, Sr., is the insured. Evans’s estate and children, the appellants,1 and Evans’s ex-wife, the appellee,2 all claim to be the beneficiaries entitled to the policy proceeds. The parties filed cross-motions for summary judgment. Granting summary judgment in appellee’s favor, the trial court determined that there were no genuine issues of material fact and that appellee was the sole beneficiary under the policy as a matter of law. For the reasons discussed below, we affirm. On appeal from the grant or denial of a motion for summary judgment, we review the evidence de novo. “To prevail on summary judgment, the moving party must show that there is no genuine issue of material fact and that the evidence, viewed in a light most favorable to the nonmoving party, warrants judgment as a matter of law.” Footnotes omitted. Cantera v. American Heritage Life Ins. Co. , 274 Ga. App. 307, 308 617 SE2d 259 2005.

So viewed, the record shows that Charles R. Evans, Sr. was married to Eva Marie Evans, but they divorced in 1998. During their marriage, they had three children: appellants Charles R. Evans, Jr., Eva Elizabeth Stanton, and Ana Marie Evans.

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