In my opinion, the record herein fairly shows that, when respondent life insurer paid the proceeds of both policies, it knew (or was chargeable with actual knowledge) of appellant’s identity, and of her status as the insured’s widow with at least a potential claim to a community interest in the policies; and that appellant had no knowledge of either policy until respondent paid the proceeds of the second one to her and the other designated beneficiaries. Under these circumstances, I am troubled by the peremptory application and effect of Insurance Code section 10172, and by the question whether its operation is currently supported by the decision principally cited in this respect. (Blethen v. Pacific Mut. Life Ins. Co. (1926) 198 Cal. 91, 102-103 [243 P. 431].) As is pointed out in the main opinion, my concern is based upon more recent decisions which hold that *125a person may not constitutionally be deprived of “property” without notice and a reasonable opportunity to challenge the prospect. (Sniadach v. Family Finance Corp. (1969) 395 U.S. 337, 341-342 [23 L.Ed.2d 349, 353-354, 89 S.Ct. 1820]. See, e.g., Randone v. Appellate Department (1971) 5 Cal.3d 536, 540, 547-552 [96 Cal.Rptr. 709, 488 P.2d 13]; Adams v. Egley (S.D.Cal. 1972) 338 F.Supp. 614, 618-619 and authorities cited.) I recognize that these decisions are factually distinguishable; my concern arises from the broad constitutional principles they define, not from any apposite facts. Despite my concern, I acknowledge the commanding authority under which the Blethen decision binds this court. (Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 455 [20 Cal.Rptr. 321, 369 P.2d 937]), and that Insurance Code section 10172, as applied in the present case, is unconstitutional only if the Supreme Court says so. I therefore concur in the judgment.
. Appellant’s petition for a hearing by the Supreme Court was denied May 9, 1973.