Jennings v. Jennings et al., (1988) 87 N.B.R.(2d) 436 (CA)

• Judge: Angers, Hoyt and Rice, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: February 17, 1988
• Jurisdiction: New Brunswick
• Citations: (1988), 87 N.B.R.(2d) 436 (CA)

Jennings v. Jennings (1988), 87 N.B.R.(2d) 436 (CA);

    87 R.N.-B.(2e) 436; 221 A.P.R. 436

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Kathleen Jennings (respondent/appellant) v. Linda Marie Jennings (applicant/respondent)

(12/87/CA)

Indexed As: Jennings v. Jennings et al.

New Brunswick Court of Appeal

Angers, Hoyt and Rice, JJ.A.

March 24, 1988.

Summary:

Jennings' husband died intestate 10 months after they were married. At the time of his death, the husband had a group life insurance plan through his employer. The designated beneficiary was the husband's father. The wife applied for an order that the insurance proceeds were marital property under the Marital Property Act. The husband's father's estate argued that the insurance proceeds were not marital property and should be paid to the designated beneficiary.

The New Brunswick Court of Queen's Bench, Family Division, in a decision reported 77 N.B.R.(2d) 181; 195 A.P.R. 181, held that the insurance proceeds, because they were a benefit acquired during the marriage and became payable during the marriage, were marital property. The husband's father's estate appealed.

The New Brunswick Court of Appeal allowed the appeal, holding that the insurance proceeds were not marital property and should be paid to the husband's father's estate.

Family Law - Topic 880.35

Husband and wife - Marital property - Distribution orders - Particular property - Insurance - A husband died intestate after 10 months of marriage - He had group life insurance paid for by his employer - His father was the designated beneficiary - The New Brunswick Court of Appeal held that insurance proceeds payable to a named beneficiary are not marital property; therefore the proceeds in this case were payable to the husband's father's estate and did not have to be shared with the deceased's wife.

Cases Noticed:

Vodden v. Vodden, [1984] I.L.R. 6756, consd. [para. 14].

Baker v. Hall and Sun Life of Canada (1985), 44 R.F.L.(2d) 275, consd. [para. 14].

Ferguson v. Ferguson (1985), 44 R.F.L.(2d) 305, consd. [para. 14].

Herchuk v. Herchuk (1983), 35 R.F.L.(2d) 327, consd. [para. 16].

Statutes Noticed:

Insurance Act, R.S.N.B. 1973, c. I-12, sect. 157 [para. 11].

Marital Property Act, S.N.B. 1980, c. M-1.1, sect. 1 [para. 8].

Authors and Works Noticed:

MacGillivray and Parkington on Insurance Law (7th Ed.), p. 3 [para. 2].

Counsel:

Thomas A. Bishop, for Kathleen Jennings;

William T. Grant, for Linda Marie Jennings.

This appeal was heard on February 17, 1988, before Angers, Hoyt and Rice, JJ.A., of the New Brunswick Court of Appeal, whose decision was delivered on March 24, 1988:

Angers, J.A. - see paras. 1 to 3;

Hoyt, J.A. (Rice, J.A., concurring) - see paras. 4 to 18.