Legal Opinion
Markwica v. Davis
New York Court of Appeals
Decided December 18, 1984PublishedCited by 20 opinions
1Opinion of the Court
OPINION OF THE COURT
Jones, J.
Where as an incident of a separation agreement a decedent husband has agreed to continue his children as beneficiaries of a policy of insurance on his life, a constructive trust for their benefit will be impressed on the proceeds of such insurance in the hands of the decedent’s second wife to whom they had been paid under a change of beneficiary designation.
On June 9, 1970, John and Carol Markwica entered into a separation agreement, paragraph 6 of which provided: “The husband agrees that he shall continue the children as beneficiaries on any and all life…
2Cases cited8 opinions
- Hartford Accident & Indemnity Co. v. WesolowskiNew York Court of Appeals · 1973
- Augustine v. SzwedAppellate Division of the Supreme Court of the State of New York · 1980
- Bardere v. ZafirNew York Court of Appeals · 1984
- Salinas v. SalinasNew York Supreme Court · 1946
- Locomotive Engineers Mutual Life & Accident Insurance v. LockeAppellate Division of the Supreme Court of the State of New York · 1937
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Corsello v. Verizon New York, Inc.New York Court of Appeals · 2012
- Torchia on Behalf of Torchia v. TorchiaSupreme Court of Pennsylvania · 1985
- Fade v. Pugliani/FadeAppellate Division of the Supreme Court of the State of New York · 2004
- Maya NY, LLC v. HaglerAppellate Division of the Supreme Court of the State of New York · 2013
- Aetna Life Insurance v. BuntWashington Supreme Court · 1988
15 more not listed; retrieve them via the Exa API.