Bachrach v. Herrup

The decisive question in this case may be stated as follows: Where a policy of life insurance, reserving to the insured the right to change the bene ficiary, but without any requirement that the company issuing the policy consent to the change, provides that such change will become effective only when a provision to that effect is indorsed on or attached to the policy by the company, and where the original beneficiary prevents compliance with this provision by wrongfully retaining possession of the policy in spite of efforts by the insured to secure it, does the failure of the insured, in…