CHAPTER III

RIGHTS AND POWERS OF THE BENEFICIARY, THE INSURED, AND
THE ASSIGNEE PRIOR TO THE MATURITY OF THE
POLICY

Section 1.-Insurable Interest as a Condition Precedent to the

Rights and Powers of the Beneficiary.

(a) WHERE INSURED IS THE MOVING PARTY.

HOFFMAN v. FEDERAL RESERVE LIFE INS. CO.

Supreme Court of Kansas, 1927'. 123 Kans. 554, 255 Pac. 980.

HARVEY, J. This action involves a controversy over the proceeds of a life insurance policy between the administratrix of the estate of the deceased and the beneficiary named in the policy. It was tried to the court. Most of the facts were agreed to. Plaintiff offered additional evidence. Judgment was rendered for defendant, and the plaintiff has appealed.

The material facts are substantially as follows: In August, 1922. Ruby C. Hoffman and Joseph E. O'Donnell were married and lived together as husband and wife until in January, 1925. On August 28, 1923, Ruby C. O'Donnell made application to the life insurance company for a policy of life insurance upon her own life, and in such application requested that Joseph E. O'Donnell, who bore the relation of husband to her, be named as beneficiary. The policy was issued and two annual premiums were paid thereon. About January, 1925, the parties separated, and Joseph E. O'Donnell filed an action in the district court in which the prayed judgment annulling the marriage because Ruby C. O'Donnell had another husband living at the time of the marriage to plaintiff and was not competent to enter into the marriage relation with him. That case was tried, resulting in a judgment for plaintiff annulling the marriage, and that judgment and decree have become final. After their separation Ruby C. Hoffman O'Donnell went to live with her parents. On September 1, 1925, she ended her own life by taking poison. Her mother, Lydia C. Hoffman, was appointed administratrix of her estate. Proofs of death were duly made to the insurance company. Lydia C. Hoffman, as administratrix, then brought this action against the insurance company and Joseph E. O'Donnell, in which she claimed the proceeds of the life insurance policy. The insurance company admitted its liability and paid, or tendered into court the

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