Does the executors have a duty to collect the proceeds of all insurance policies of which the named beneficiary is named beneficiary?

California, United States of America


The following excerpt is from Cramer v. Biddison, 257 Cal.App.2d 720, 65 Cal.Rptr. 624 (Cal. App. 1968):

It may be granted, as the majority opinion holds, that the executors acted properly in Collecting the proceeds of all the insurance policies of which the estate was the named beneficiary and that it was their duty 'to maintain the right of the estate to such property until it (was) finally judicially determined that it (was) not the property of the estate.' (Cf. Elizalde v. Murphy, 11 Cal.App. 32, 36, 103 P. 904, 906.) However, it does not follow that they were justified in Paying out [257 Cal.App.2d 729] the insurance proceeds adversely claimed by appellant to discharge debts of the estate prior to some appropriate adjudication of appellant's adverse claim.

Other Questions


Is the beneficiary of a life insurance policy entitled to the proceeds of the policy to the beneficiary when the beneficiary is innocent of any wrongdoing? (California, United States of America)
Does a change in beneficiaries of a life insurance policy change the beneficiaries of the beneficiary of the deceased's life insurance policies violate section 172 of the Civil Code? (California, United States of America)
Is a policy of insurance that does not cover an accident which occurs when a person, other than the insured, is driving with the permission and consent of the insured a violation of the public policy of this state? (California, United States of America)
Is it a violation of public policy of this state for an insurer to issue a policy of insurance which does not cover an accident which occurs when other than the insured is not an accident? (California, United States of America)
What is the test of good faith and fair-dealing in the context of an insurance policy where the insurer is required to hire an attorney to defend the insured against the insured? (California, United States of America)
Can an insurer and a named insured agree that coverage under a motor vehicle policy will not apply while the vehicle is being used by a natural person or person designated by name? (California, United States of America)
When will an insurance policy require an insurer to assume liability for someone who is injured before the policy expires? (California, United States of America)
Is an insurer's unconditional defense of an action brought against its insured a waiver of the terms of the policy and estoppel of the insurer to assert such grounds? (California, United States of America)
Is a motor vehicle insurance policy that includes a policy of insurance that includes uninsured motorist coverage precludes stacking of uninsured motor vehicle coverages? (California, United States of America)
How does the beneficiary clause in a life insurance policy change if the primary beneficiary dies? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.