The insured changed the method of payment without plaintiff's knowledge or approval. To receive $10,000, plaintiff must survive 6.77 aintiff has suffered three heart attacks and the trial court found that her life expectancy may be less than that of an average person of her age. If she fails to survive the 10-year period, defendant's total liability will be $14,760. Under the terms of her husband's choice of settlement, plaintiff will receive $20,664 in installments of $123 per month if she lives out her full expectancy. An average person of that age has a life expectancy, established by standard mortality tables, of 14 years. Plaintiff was 59 years and 8 months of age at the time her husband died. As so amended the policy continued in force for the remainder of the insured's life and was in effect at his death. If she failed to survive him by 10 years, the monthly payments were to be divided among the three daughters for the balance of the 10-year period only. He directed that upon his death plaintiff receive an annuity based on her life expectancy at that time. In 1950 the insured exercised his option under the policy of selecting an alternate settlement. Upon the insured's retirement from the business in 1946, he changed the beneficiary of the policy to make it payable to plaintiff in a lump sum. The original beneficiary was the Tyre Brothers Glass Company. All the premiums were paid from community funds. Defendant issued its policy in the face amount of $20,000 upon the life of the insured in 1926. Rebecca Tyre (hereafter called plaintiff) and Louis Tyre, the insured, were married in Los Angeles in 1917 and lived there as husband and wife until Mr. Plaintiffs, the widow and three adult daughters of the insured, appeal from a judgment for defendant in an action to recover the widow's community property interest in the proceeds of a life insurance policy. Selvin and Chapman, Frazer, Lindley & Young for Respondent.

Wiseman & Elmore and Aaron Elmore for Appellants. AETNA LIFE INSURANCE COMPANY (a Corporation), Respondent.

Binder v. aetna life insurance brief