APPEAL from the Circuit Court of Du Page County; the Hon.
PHILIP F. LOCKE, Judge, presiding.
MR. JUSTICE RINK DELIVERED THE OPINION OF THE COURT:
This is an appeal from an order granting a judgment to the plaintiff Price against the defendant Bernardin, as administrator of the estate of Corvi, and for simplification, Prudential Insurance Co. of America. Also involved is a judgment against Bernardin, as administrator, on her counterclaim against Price arising out of a certain Equitable Life Assurance policy.
On September 20, 1972, Price filed a complaint against Prudential Insurance Co. of America and Josephine Bernardin, as administrator of the estate of Lenora J. Corvi.
The complaint alleges in substance that, during her lifetime, Corvi became the owner of a life insurance policy with Prudential in the amount of $2809, "and at sometime prior to her death on or about the 26th day of April, 1971, said Lenora J. Corvi named the plaintiff, Margareth Price, as sole beneficiary of said life policy."
"That the original of said policy is now in the possession of The Prudential Insurance Co. of America."
"That on or about the 26th day or April, 1974, said Lenora J. Corvi died."
That the plaintiff has demanded payment of the proceeds of the policy from Prudential who has refused to make payment to the plaintiff.
That Josephine Bernardin, as administrator of the estate of Corvi, also claims the proceeds of the policy.
On October 3, 1972, the Honorable Philip F. Locke set the case for trial December 12, 1972, at 2 P.M.
On October 27, 1972, Prudential filed an answer to the complaint and a complaint for interpleader. In its answer, Prudential, in substance, admits that Corvi had a policy of insurance with it in the amount of $2809 but neither admits nor denies that Price is the beneficiary of the policy, but demands proof of that fact.
In its complaint for interpleader, Prudential sets forth that when the policy was issued, one Mary R. Imonetti was the beneficiary but that she died on February 5, 1971; that the insured, Corvi, endeavored to change the beneficiary to Price but before all the steps were completed, Corvi died on April 26, 1971; that both Price and Bernardin, as administrator of the estate of Corvi, claim the proceeds; that it is willing to pay the proceeds to the person entitled to receive it.
On October 30, 1972, Bernardin, as administrator, filed her answer to the complaint stating in substance that she denied that Price is the beneficiary. Bernardin also filed a counter-claim in which she alleged in substance that although Corvi had attempted to name Price as beneficiary, the necessary steps had not been completed to the satisfaction of Prudential and consequently, the change was not effective. The counter-claim also alleges that Corvi was incompetent at the time she signed the change of beneficiary form on February 27, 1971.
Count II of the counter-claim is against Price and the Equitable Life Assurance Society. It alleges that Corvi had a policy of insurance with Equitable which named as beneficiary the estate of Lenora Corvi; that on March 2, 1971, while Lenora Corvi was mentally incompetent, she changed the beneficiary to Price; that Price, although not entitled to the proceeds of the policy, had received $1761.69 and that there is an additional $750 due from Equitable. Bernardin asks judgment against Price and Equitable for $2511.69.
Bernardin also answered the complaint of Prudential for interpleader which has no bearing on this case.
On November 2, 1972, Prudential filed its answer to the counter-claim of Bernardin in which it stated that it neither admits nor denies the allegations and prays that it be dismissed as to Prudential.
On November 2, 1972, Prudential filed its answer to the counter-claim of Bernardin. As to Counts I and II, Price denies all of the material allegations made by Bernardin.
On November 6, 1972, Price filed her answer to Prudential's complaint for interpleader and stated that she denied "that prior to the completion of all steps necessary to change the beneficiary, the insured, Lenora J. Corvi, died."
On November 16, 1972, Prudential filed a motion for judgment on complaint for interpleader.
On the same date, November 16, 1972, Bernardin filed her answer to Prudential's motion objecting to the motion and requesting that Prudential be required to remain a party until the trial. Also filed at the same time was a motion by Bernardin that Prudential be required to produce at the trial one ...