COOK V. EQUITABLE LIFE INSURANCE SOCIETY
428 N.E. 2d 110, 25 A.L.R. 4th 1153 (1981)
NATURE OF THE CASE: Appeal from summary judgment awarding life insurance benefits.
FACTS: Testator purchased a life insurance policy naming his wife as beneficiary. They
later divorced. The policy provided that the owner could change the beneficiary only upon
written notice to, and approval by, the insurance company. Testator stopped making premium
payments, thereby converting the policy from whole life to term, but did not change the
beneficiary. Decedent later remarried. Although he still did not change the beneficiary of
his life insurance with the company, he did execute a holographic will in which he left the
policy to his second wife and their son. After testator's death, the will was admitted to
probate, the second wife (P) made a claim for the life insurance proceeds. The company (D)
denied her claim, deposited the proceeds with the court, and filed an interpleader. On
motion for summary judgment, the court found that testator's first wife was entitled to the
proceeds of the policy. P appeals.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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