9 results for 'cat:"Family Law" AND cat:"Insurance"'.
J. Litkovvitz grants in part and denies in part motions by claimants disputing the proper beneficiary of a decedent’s life insurance policy and Roth IRA in an interpleader case undertaken by the insurance company that issued the policy. The decedent removed her husband as beneficiary of the policy, replacing his name with her sister’s during a divorce in progress at the time of the decedent’s death. The judge ruled that a temporary restraining order covering the couple’s assets during the divorce proceeding invalidated the beneficiary change. However, the judge does not find that the sister’s claim to the IRA amounts to conversion, as argued by the decedent’s husband, because decedent’s sister did not fully control the funds.
Court: USDC Southern District of Ohio, Judge: Litkovvitz, Filed On: March 21, 2024, Case #: 1:22cv435, NOS: Insurance - Contract, Categories: family Law, insurance, Wills / Probate
J. Rush finds the trial court properly ordered the ex-husband to obtain a life insurance policy to secure the ex-wife’s portion of his police pension. Though the husband challenges the court's authority, saying it did not consider the tax consequences of his future pension payments, trial courts have broad authority to order a security or other guarantee to secure division of property. The court’s evidence-based findings support the judgment. The husband waives his tax consequences challenge due to his presenting the court with only speculation.
Court: Indiana Supreme Court, Judge: Rush , Filed On: March 20, 2024, Case #: 23S-DN-245, Categories: family Law, insurance, Property
J. Baker finds the county court properly found the deceased's will to change the beneficiaries of annuities. The sons argue a recent change in law provides that a testamentary change to an insurance policy or annuity contract beneficiary is ineffective if the change is not made according to the annuity and policy terms, but the law does not state it is to be applied retroactively. The widow also had a vested interest in her husband's annuity when he died, which was before the law's enactment. Affirmed.
Court: Arkansas Supreme Court, Judge: Baker , Filed On: February 15, 2024, Case #: CV-23-73, Categories: family Law, insurance, Wills / Probate
J. Du denies the former wife's motion for summary judgment on MetLife's interpleader action, which it filed to resolve conflicting claims to the decedent's life insurance benefits asserted by his former wife and his wife at the time of his death. The decedent maintained a basic employee life policy at the time of the divorce, benefits to which the former wife has a right. But the former wife presents no evidence the decedent was enrolled in a supplemental life policy. The former wife has not established the basic and supplemental plans are part of a single policy.
Court: USDC Nevada, Judge: Du , Filed On: January 30, 2024, Case #: 2:22cv894, NOS: Insurance - Contract, Categories: family Law, insurance, Wills / Probate
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J. Partida-Kipness finds that the lower court properly ruled for the "surviving spouse" in this case concerning workers' compensation death benefits, following the death of a city police officer. Contrary to the city's argument on appeal, the evidence sufficiently supports the jury's verdict, holding that the city failed to prove that the appellee was "not an eligible spouse" at the time of the officer's death. The evidence indicates that the couple "agreed to be married" and "represented to others they were married." Affirmed.
Court: Texas Courts of Appeals, Judge: Partida-Kipness, Filed On: December 12, 2023, Case #: 05-22-00898-CV, Categories: family Law, insurance
J. Funke finds the county court improperly reformed a settlement agreement entered into by the decedent’s brother, wife and father to resolve a claim against the estate as to life insurance coverage designated under a divorce decree for the children’s benefit. The decedent designated only his brother as the beneficiary, though another policy was later discovered designating the decedent’s daughter as beneficiary. The parties sought various solutions as to reformation or recission. The mutual mistake as to the existence of a fact that was a material inducement to the contract is not ground for reformation. Reversed and remanded.
Court: Nebraska Supreme Court, Judge: Funke, Filed On: June 23, 2023, Case #: S-22-543, Categories: family Law, insurance, Wills / Probate
J. Dillard finds that the trial court improperly denied the ex-husband's request for a declaratory judgment and ordered him to maintain a life insurance policy naming the ex-wife as a beneficiary even after she remarried. Although the trial court correctly found that the ex-husband's payment of the policy premiums constituted periodic alimony, it incorrectly relied on the doctrine of promissory estoppel to find that his obligation to maintain the policy continued after the ex-wife's remarriage. Reversed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: June 21, 2023, Case #: A23A0489, Categories: family Law, insurance
J. Mazzant grants partial summary judgment that the decedent's ex-wife is the primary beneficiary of his life insurance policy instead of his father, who also claims entitlement to the proceeds. The evidence shows that the policy was the decedent's separate property, and his designation of the ex-wife as the primary beneficiary is still effective.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: May 31, 2023, Case #: 4:22cv340, NOS: Insurance - Contract, Categories: Civil Procedure, family Law, insurance