Minnesota Mutual Life Insurance Co. v. Bunde

OPINION

KLAPHAKE, Judge.

Lola Phelps appeals from a grant of summary judgment to respondent Minnesota Mutual Life Insurance Company denying her claim for life insurance benefits. Appellant argues the district court improperly applied the substitution of beneficiary theory to change the beneficiary on her late husband’s life insurance plan. Because we find the doctrine of substitution of beneficiary unavailable to respondent as a means of avoiding its contractual obligation, we reverse and remand.

FACTS

In June 1989, respondent issued a life insurance policy with a death benefit of $60,000 to…