Legal Opinion
Rogers v. Rogers
New York Court of Appeals
Decided December 18, 1984PublishedCited by 31 opinions
1Opinion of the Court
OPINION OF THE COURT
Kaye, J.
In a separation agreement, the decedent promised his first wife to maintain his life insurance policy, which designated her and their children (plaintiffs in this action) as beneficiaries. He breached that agreement when he allowed the policy to lapse and obtained another policy naming a subsequent wife as beneficiary. We hold that under Simonds v Simonds (45 NY2d 233) a constructive trust may be impressed on the proceeds in favor of plaintiffs.
In 1968, decedent Jerome Rogers and plaintiff Susan Rogers entered into a separation agreement which provided for the…
2Cases cited6 opinions
- Sharp v. KosmalskiNew York Court of Appeals · 1976
- Simonds v. SimondsNew York Court of Appeals · 1978
- Stronge v. Supreme Lodge, Knights of PythiasNew York Court of Appeals · 1907
- Locomotive Engineers Mutual Life & Accident Insurance v. LockeAppellate Division of the Supreme Court of the State of New York · 1937
- Locomotive Engineers Mutual Life & Accident Insurance v. LockeNew York Court of Appeals · 1938
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Clara Torres v. $36,256.80 U.S. CurrencyCourt of Appeals for the Second Circuit · 1994
- Torchia on Behalf of Torchia v. TorchiaSupreme Court of Pennsylvania · 1985
- Superintendent of Insurance for New York v. Ochs (In re First Central Financial Corp.)Court of Appeals for the Second Circuit · 2004
- Lia v. SaporitoDistrict Court, E.D. New York · 2012
- Motorola Credit Corp. v. UzanDistrict Court, S.D. New York · 2003
26 more not listed; retrieve them via the Exa API.