Can an insured change the beneficiary of a life insurance policy to his wife?

"New York", United States of America

The following excerpt is from Lahey v. Lahey, 174 N.Y. 146, 66 N.E. 670 (N.Y. 1903):

In Nally v. Nally, 74 Ga. 669, 58 Am. Rep. 458, an unmarried man took out a policy of insurance on his life, one condition of which was that the policy was issued and accepted upon the express condition that the assured might, with the consent of the company, at any time, assign it, or, before assignment, change the beneficiaries, or make any other change. The person named as the beneficiary was the sister of the assured, and to her he delivered the policy, and paid the premiums to that time. Subsequently he married, and, as an inducement thereto, he agreed that, if the woman would marry him, she should be made the beneficiary of the policy. After the marriage, and when the next semiannual premium fell due, the assured paid it, on condition that the beneficiary should be changed from his sister to his wife. The sister had the policy, and would not give it up. The agent was uncertain whether the change could be made without the policy, but promised to notify the company, and have the change made if possible. The officers agreed to attend to the matter, but overlooked it. After the death of the assured, the company filed a bill to require the wife and sister to interplead, and have the question determined as to who was entitled to the money. It was held that the gift to the sister was not perfected, so as to be absolute and irrevocable, and the assured had the right to change the beneficiary of the policy, and whether such change was to be effected by parol or in writing was a matter

Other Questions


Can a beneficiary of a life insurance policy be changed if the beneficiary of the policy wishes to receive the proceeds from the policy on his death? (MultiRegion, United States of America)
Does a designated individual beneficiary of a life insurance policy have an obligation to collect the proceeds of the policy from the estate of the insured? ("New York", United States of America)
In a motor vehicle accident, is an insured's life insurance policy enforceable when the insured dies? (MultiRegion, United States of America)
When a husband breaches a life insurance agreement that expressly requires the husband to maintain his life insurance policy, does he breach the agreement by failing to maintain the policy? ("New York", United States of America)
Can an insured who has been "cast in a defensive posture by the legal steps an insurer takes in an effort to free itself from its policy obligations" recover attorney fees and expenses incurred in defending against the insurer? ("New York", United States of America)
Does an insurer’s investigation of a claim for benefits under an insurance policy under that policy attract litigation privilege? (Canada (Federal), Canada)
Is an insurer liable for fees incurred by an insured in the wake of the insurer's breach of its duty to defend? (MultiRegion, United States of America)
How have the courts interpreted a clause in an insurance policy that provides for coverage for an accident within the policy period? (MultiRegion, United States of America)
How have the courts interpreted a provision in an insurance policy requiring an insured to submit to an under oath examination under oath? (MultiRegion, United States of America)
Is a statement made by the insured, when requested to pay the premium due upon the policy, that he does not intend to keep the policy in force, valid? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.