Hager v. Lincoln National Life Insurance

MARTIN, John C., Judge.

Summary judgment is appropriate in a declaratory judgment action if there is no genuine issue of material fact, and a party is entitled to judgment as a matter of law. N. C. Association of ABC *351Boards v. Hunt, 76 N.C. App. 290, 292, 332 S.E.2d 693, 694, disc. review denied, 314 N.C. 667, 336 S.E.2d 400 (1985).

The key provisions of both annuity contracts at issue in this case provide:

DESIGNATION

The Beneficiary named in the application for this Contract will receive the proceeds on the death of the Annuitant unless the Beneficiary has been changed by the Owner.

CHANGE

The…