Cook v. Equitable Life Insurance Society,

428 N.E. 2d 110, 25 A.L.R. 4th 1153 (1981)

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Nature of the Case

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Facts

Testator purchased a life insurance policy naming his wife as beneficiary. They later divorced. The policy provided that the owner could change the beneficiary only upon written notice to, and approval by, the insurance company. Testator stopped making premium payments, thereby converting the policy from whole life to term, but did not change the beneficiary. Decedent later remarried. Although he still did not change the beneficiary of his life insurance with the company, he did execute a holographic will in which he left the policy to his second wife and their son. After testator's death, the will was admitted to probate, the second wife (P) made a claim for the life insurance proceeds. The company (D) denied her claim, deposited the proceeds with the court, and filed an interpleader. On motion for summary judgment, the court found that testator's first wife was entitled to the proceeds of the policy. P appeals.