Mollett v. United Benefit Life Insurance

Plaintiff, as putative beneficiary, claims the proceeds of an insurance policy on the life of her former husband. The insured and plaintiff were divorced but the policy was not awarded to either party in the divorce decree. The insured husband had expressly waived his right to change the beneficiary, but in contravention of such waiver and failure to reserve the right to change beneficiaries, later executed and filed with defendant insurer a change of beneficiary designating his estate as beneficiary. Defendant paid the policy proceeds to the executrix of the insured’s estate.

The trial court…