Legal Opinion
McCarthy v. Aetna Life Insurance
New York Court of Appeals
Decided November 20, 1998PublishedCited by 32 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
The question raised by this appeal is whether a decedent insured may effect a change of the designation of beneficiary on a life insurance policy by means of a testamentary disposition when the policy sets out another procedure for changing beneficiaries. We hold that under the circumstances of this case, he may not.
The relevant facts are not in dispute. Plaintiff Christine McCarthy and Stephen Kapcar, the decedent, married in November 1972. At the time of their marriage, Kapcar was employed by J.C. Penney in New York and, as part of a benefit package, received a…
2Cases cited10 opinions
- Equitable Life Assurance Society of the United States v. StitzelSuperior Court of Pennsylvania · 1982
- Cable v. Prudential InsuranceAppellate Division of the Supreme Court of the State of New York · 1982
- Lopez v. Massachusetts Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1991
- Kane v. Union Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1981
- Stone v. StephensOhio Supreme Court · 1951
5 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- The Prudential Insurance Company of America v. Mary Beth Kamrath, Sharri Kamrath Rocca, as Personal Representative of the Estate of Bradley G. KamrathCourt of Appeals for the Eighth Circuit · 2007
- WILLIAM PENN LIFE INS. CO. OF NEW YORK v. ViscusoDistrict Court, S.D. New York · 2008
- Lincoln Life & Annuity Co. v. CaswellAppellate Division of the Supreme Court of the State of New York · 2006
- Ministers & Missionaries Benefit Board v. SnowCourt of Appeals for the Second Circuit · 2015
- LaMarche v. Metropolitan Life InsuranceDistrict Court, D. Maine · 2002
27 more not listed; retrieve them via the Exa API.