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California Community Property Keyed to Carrillo, 11th Ed.
Marriage of Spengler
Citation:
5 Cal. App. 4th 288 (1992)Facts
Barbara Ann Spengler and Daniel F. Spengler, Sr. married in 1967. In 1980, husband began working for Mid-Valley Dairy Company, which provided group term life insurance covering employees for their salary amount up to $180,000 without requiring physical examination or proof of insurability. In 1982, husband was diagnosed with prostate cancer, rendering him uninsurable for individual life insurance. The parties separated in 1986 and negotiated a settlement in 1989 that was formalized in a dissolution judgment. Husband incorrectly represented at the settlement conference that he no longer had the insurance coverage, so the policy was omitted from the judgment. After dissolution, husband married Rose Spengler and named her as beneficiary. Three months later, husband died, and Rose received approximately $100,000 in proceeds. Wife filed a complaint in joinder seeking half the proceeds as a community asset.
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