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Cook v. Equitable Life Assurance Society

Court of Appeals of Indiana

428 N.E.2d 110 (1981)

Relevant factsFree

Douglas Cook's life insurance policy named his first wife Doris (defendant) as beneficiary; after divorcing Doris and remarrying Margaret, with whom he had son Daniel (defendants), Douglas executed a holographic will purporting to leave the policy proceeds to Margaret and Daniel, but never gave Equitable (plaintiff) the written notice the policy required to change beneficiaries. After Douglas's death, Equitable interpleaded the funds, and the trial court granted summary judgment to Doris; Margaret and Daniel appealed.

IssueFree

Whether an insured party may change the beneficiary of a life insurance policy by will.

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