Foster v. Hurley

This case involves a dispute over the effect of a marital separation agreement on the proceeds of two life insur-anee policies owned by Janice M. Hurley (deceased), who died on August 31, 2000. After her death, the deceased’s former husband, Richard E. Foster, brought an action to recover the proceeds of the policies, which had been paid out to the named beneficiary, Michael J. Hurley, who married the deceased after she and Foster had divorced. Foster claims that he is entitled to equitable substitution as the beneficiary under both policies pursuant to the terms of a separation agreement,…