Faulknier v. Shafer

This appeal involves a dispute over the proceeds of a life insurance policy that were paid to Linda D. Shafer, the named beneficiary on the policy, allegedly in contravention of a separation agreement between the decedent and his former wife, Loretta W. Faulknier. Because we conclude that Faulknier alleged sufficient facts to state a cause of action for the imposition of a constructive trust on the insurance proceeds, we will reverse the circuit court’s judgment sustaining a demurrer.

FACTS AND MATERIAL PROCEEDINGS

The circuit court decided this case on demurrer. Therefore, we “recite as true…