dissenting.
I dissent. When Henriksen, Sr. intentionally and wrongfully caused the death of the Insured, he forfeited not only his right to the proceeds as beneficiary but his ownership rights as well. Quoting from Beene v. Gibraltar Industrial Life Ins. Co. (1945), 116 Ind.App. 290, at 292, 63 N.E.2d 299, at 300, the Court in Stacker v. Mack, Admrx., etc., et al. (1955), 126 Ind.App. 95, at 102, 130 N.E.2d 484, at 487 stated:
“ ‘Based solidly on the requirements of public policy and fortified by the maxim that a person should not be permitted to profit from his own wrong, the rule of law is firmly established that a beneficiary in a life insurance policy who intentionally and wrongfully causes the death *150of the insured forfeits all rights which he may have in or under the policy of insurance. See 29 Am.Jur., p. 979, § 1310 et seq.’ ” (Emphasis added.)
Once it is determined that the wrongdoer may not receive or retain the proceeds the question arises as to who is so entitled. This determination primarily involves ascertaining the intention of the owner. The policy provided that if Henriksen, Sr. died before his ownership rights terminated, the owner’s designee, Lily, would become the new owner. In actuality there occurred the only other possible contingency in which the owner would be under a disability equivalent to death. The fact that his ownership terminated in a manner other than he anticipated should not defeat his further intention that Lily succeed to his ownership rights. Moreover the general rule that precludes one from profiting by his own wrong should not be invoked in such a way as to award a windfall to the insurance company.