Lincoln Life & Annuity Co. v. Caswell
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Friedman, J.
In McCarthy v Aetna Life Ins. Co. (92 NY2d 436 [1998]), the *3Court of Appeals held that, where a life insurance policy sets forth a procedure for changing beneficiaries and does not authorize making such a change by will, a general testamentary statement in the insured’s will does not override a prior designation of the policy beneficiary that was made in the manner provided by the policy. This appeal requires us to decide which instrument controls—the will or the prior beneficiary designation made in accordance with the terms of the policy—where, unlike…
2Cases cited26 opinions
- Fink v. . FinkNew York Court of Appeals · 1902
- Luhrs v. . LuhrsNew York Court of Appeals · 1890
- Schoenholz v. . New York Life Ins. Co.New York Court of Appeals · 1922
- Lahey v. . LaheyNew York Court of Appeals · 1903
- McCarthy v. Aetna Life InsuranceNew York Court of Appeals · 1998
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3Cited by12 opinions
- Smith v. MarezCourt of Appeals of North Carolina · 2011
- Sun Life & Health Insurance v. ColavitoDistrict Court, S.D. New York · 2014
- New York Commercial Bank v. JacobsAppellate Division of the Supreme Court of the State of New York · 2021
- Charles Schwab & Co. v. MakowskaDistrict Court, E.D. New York · 2014
- Werther v. WertherAppellate Division of the Supreme Court of the State of New York · 2021
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