Bankers Protective Life Ins. Co. v. Mozingo

BOND, Chief Justice.

A beneficiary of a life policy is the person designated, by the terms of the contract as the one to receive the proceeds of the insurance; he is not a party tp the contract — only the recipient of its proceeds. The defendant not being a party to the fraud alleged, she cannot, because of fraud committed by the insured, be sued to cancel the policy out of the forum of her own domicile against a plea of privilege: While fraud may vitiate an insurance policy on trial of the case on its merits against both the insured and the beneficiary, yet, it is not available to avoid the…