Does the rule that prevents a killer from profiting by his own wrong should not be invoked in such a way as to prejudice the rights of the other beneficiary?

California, United States of America


The following excerpt is from State Farm Life Ins. Co. v. Pearce, 234 Cal.App.3d 1685, 286 Cal.Rptr. 267 (Cal. App. 1991):

"The rule that prevents [the killer from] profiting by his own wrong should not be invoked in such a way as to prejudice the rights of the alternative beneficiary. 'In a word, it appears to me that the crime of one person may prevent that person from the assertion of what would otherwise [234 Cal.App.3d 1693] be a right, and may accelerate or beneficially affect the rights of third persons, but can never prejudice or injuriously affect those rights.' [Citations.]" (Beck v. West Coast Life Ins. Co., supra, 38 Cal.2d at p. 647, 241 P.2d 544.)

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