Downey v. Downey

The named defendant appeals from the trial court’s judgment determining that a group insurance policy contained a facility of payment clause which created a duty in the defendant beneficiary to pay a portion of the death benefits received by her to the plaintiff. The court held that the failure of that defendant to make such payments to the plaintiff gave rise to the imposition of a constructive trust in favor of the plaintiff. The named defendant claims on appeal 1 that there was no such facility of payment clause in the policy and that the requirements for imposing a constructive trust had…