Prudential Ins. Co. of America v. Burke

CORNELIUS, Chief Justice.

Riley P. Burke filed this suit against Prudential Insurance Company because it refused to change the beneficiary of his life insurance policy. The petition sought either damages, specific performance or declaratory judgment. The trial court rendered judgment declaring that Prudential had the duty to change the beneficiary in accordance with Burke’s direction, and allowing Burke a recovery of his attorney’s fees. Prudential has appealed.

*849The facts were stipulated. The policy was issued during the time Mr. Burke was married to Dorthy Jo Burke, and she was named…