Aetna Life Ins. Co. v. Hussey

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State: Ohio

Court: Supreme Court

Docket No: 1991-0219

Case Date: 08/12/1992

Plaintiff: Aetna Life Ins. Co.

Defendant: Hussey

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Aetna Life Ins. Co. et al. v. Hussey et al., Appellees;
Lawrence et al., Appellants.
Insurance -- Domestic relations -- Separation agreement of

divorce decree mandates insurance coverage and designates

purpose for which insurance proceeds are to be used by

certain beneficiaries -- Clarification of Supreme Court's

opinion of how balance of insurance policy proceeds are to

be distributed.

[Cite as Aetna Life Ins. Co. v. Hussey (1992), Ohio
St.3d .]

(No. 91-219 -- Submitted June 17, 1992 -- Decided August
12, 1992.)

Appeal from the Court of Appeals for Lake County, No.
89-L-14-084.

On Motion for Clarification.

Cannon, Stern, Aveni & Loiacono Co., L.P.A., and Milton R.
Stern, for appellees.

Phillip A. Lawrence & Associates, Roy Schwartz, James T.
Flaherty and James C. Wrentmore, for appellants.

Holmes, J. This matter comes before the court by way of
the "Appellees' Motion for Rehearing and Issuance of Mandate,"
seeking clarification of this court's prior opinion herein.
Basically, the motion seeks the clarification of how the
balance of the insurance policy proceeds over and above the
amounts awarded by this court to Kelly Rae Hussey for her
education shall be distributed.

Admittedly, there is confusion within the language found
in the opinion that "after Kelly has used the proceeds of the
insurance for her education, any unused funds will be available
to Lawrence in accordance with the terms of Raymond's trust."
63 Ohio St.3d 640, 645, 590 N.E.2d 724, 728. Obviously, other
than the constructive trust pronounced by this court for
Kelly's education, there is no trust. It should have been
stated in the opinion that any balance of the insurance funds
remaining after Kelly's education must be distributed to the
named beneficiary within the policy, that being Marcia S.
Hussey, surviving spouse of Raymond W. Hussey, Jr.

Judgment accordingly.
Moyer, C.J., Sweeney, Douglas, Wright and H. Brown, JJ.,
concur.

Resnick, J., dissents and adheres to her prior dissenting opinion in Aetna Life Ins. Co. v. Hussey (1992), 63 Ohio St.3d 640, 647, 590 N.E.2d 724, 729.

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